Asianet Digital Network Pvt Ltd vs Kerala Kaumudi (p) Ltd

Draft Issues have been filed on behalf of the Petitioner which are available on record of the case. It was submitted on behalf of the Respondents that they intend not to file any proposed issues.

Heard the learned counsels appearing on behalf of the parties and perused the record of the case, and in the light of the material available on record of the case, the following Issues are settled:

ISSUES

i. Is the instant petition maintainable in its present form ?

ii. Whether there is any binding agreement duly executed between the parties ?

iii. Whether the Petitioner is entitled to a decree for recovery of an amount of Rs.3,32,31,808/- only towards arrears of placement and marketing fees for the period from 15.10.2019 to 8.7.2021 ?

iv. Whether the Petitioner is entitled to interest on the above said amount at the rate claimed by them from the date it became due and payable till its actual realization ?

v. Whether the amount claimed in the instant petition is covered in other recovery petition / restitution petitions filed by the Petitioner ?

vi. Whether the Interconnect Regulations, 2017 of the TRAI are applicable to the Placement and Marketing Agreement between the parties ?

vii. To what other relief / reliefs the Petitioner is entitled to ?

Four weeks time is prayed and allowed to the Petitioner to file their evidence affidavits. The Respondents may file their evidence affidavits within four weeks thereafter. Let the matter be listed for "Directions" on 29th August, 2023.