Vinod K. Sharma, J.

1 The plaintiff/applicant has filed this application for interim injunction restraining the respondents 1 to 4 and other unknown defendants represented by John Doe or Ashok Kumar, replaceable by future respondents, from in any manner transmitting the cable TV signals in analogue mode or operating analogue head end or importing cable TV signals from Non-DAS areas or rolling out cable TV signals without DAS license to the consumers within the Chennai Metropolitan area till the disposal of the suit.

2 The plaintiff/applicant has filed a suit for permanent injunction restraining the defendants 1 to 3 and other unknown defendants represented by John Doe or Ashok Kumar, replaceable by future respondents, from in any manner transmitting the cable TV signals in analogue mode or operating analogue head end or importing cable TV signals from Non-DAS areas or rolling out cable TV signals without DAS license to the consumers within the Chennai Metropolitan area.

3 The plaintiff/applicant is in the cable business for the last several years and running cable TV business after getting valid license from the postal department. The plaintiff/applicant is operating in and around Virugambakkam area in more than 1800 customers. The plaintiff/applicant re-transmitting signals as per the law laid down by the Central Government in this regard.

4 It is the case of the plaintiff/applicant that the defendants 1 to 3 and unknown defendants 6 to 9 are also in the Cable TV business transmitting signals in and around Virugambakkam area and other areas in Chennai city without obtaining necessary licence as per Cable Television Network Act, 1995 as amended.

5 It is the case of the applicant that Cable TV and Broadcasting comes under the exclusive law making powers of the Parliament and in exercise of the power, Parliament has amended the Cable Television Networks Act, 1995, by making Digital Addressable System (DAS) mandatory in the country. The Central Government is authorised under the Act to notify the implementation of Digital Addressable System (DAS).

6 In pursuance to the powers conferred under the Cable Television Networks Act, 1995, the Central Government issued a notification, dated 11.11.2011, implementing DAS to several cities, towns and areas in the country in phased manner.

7 The areas falling under the Chennai Metropolitan area had been placed under DAS in the first phase of said notification requiring implementation by 31.7.2012 by the Central Government.

8 Prior to implementation of the notification, Chennai Metropolitan area was earlier termed as Conditional Access system (CAS) area a city to transform into CAS areas totally. Under this system, Free to Air (FTA) channels for which no subscription charges are required to be paid to the respective broadcasters were allowed to be transmitted in analogue form and the Pay channels for which the subscription charges were required to be paid to the broadcasters were transmitted via Set Top Boxes (STB) in digitalized format.

9 The amendment notified mandates every consumer to own a STB irrespective of FTA or Pay channels. It also bans the re-transmission of pure analogue system and every house intended to have cable connection need to have a Set Top Box.

10 It also requires to obtain a license from the Central Government for operation as Multi System Operator (MSO) for operating a control room and to provide signals to cable operators in DAS notified areas, under Rule 11 of Cable Television Networks Rules, 1994. The import of signals from analogue transmission has been made illegal.

11 It is the case of the plaintiff/applicant that the Telecom Regulatory Authority of India (TRAI) is the industry regulator, inter alia empowered to regulate the interconnection between the stake holders, Tariff, Quality of service and other consumer complaint redressal mechanisms. It is submitted that this Court has refused to stay the implementation of DAS in Chennai Metropolitan