Asianet Satellite Communications Pvt Ltd And Another vs Jeevan Telecasting Corporation Ltd

We have heard the counsel for the petitioner at length. A notice was given by the petitioner for recovery of an amount of Rs. 9,18,01,132/-  on 18.03.2021 (Annexure P-8) from the respondent.  It is submitted by the counsel for the petitioner that this amount covers the carriage fees as well as marketing and placement fees in terms of the agreement as stated in the memo of this petition.  It is further submitted by the counsel for the petitioner that notice given by the petitioner which is at Annexure P-8 has not yet been replied by the respondent nor the respondent has filed any reply in this BP despite the notice issued by this Tribunal on 15.12.2021. It is further submitted by the counsel for the petitioner that on 21.1.2022 Advocate Mr. Arun Poomulli had appeared and asked time to file the reply.  Therefore, the matter was adjourned to 25.2.2022 and again the counsel for the respondent had sought for time to file the reply and the matter was adjourned to 29.4.2022.  Nobody had appeared for the respondent on that date and hence, the cost of Rs. 5000/- was imposed upon the respondent and the matter was adjourned to 7.7.2022 and Nobody had appeared on behalf of the respondent and the matter had been listed today.

Today, counsel Mr. Nishant Kumar is present on behalf of the respondent and seeking time to file the reply. He is not from the office of Advocate who has filed vakalatnama.

Having heard the counsels for both the sides and looking to the facts and circumstances of the case it appears that respondent is lethargic enough in not filing the reply in this BP from January 2022 onwards nor any reply has been given by this respondent of the notice issued by petitioner dated 18.3.2021(Annexure P-8) for Rs. 9,18,01,132/-.

It is submitted by counsel for the petitioner that cost of Rs. 5000/- was imposed by this Tribunal vide order dated 29.4.2022 has also not been paid by the respondent.  We, therefore, issue bailable warrant upon the following persons :

Name of the Police Station – Palarivattom Police Station

Address of Police Station along with Phone number-  The SHO, Palarivattom Police Station, Palarivattom, Ernakulam- 682025, Kerala. Ph No- 9497980425, Landline No- 04842345850

Name and designation of officer incharge of Police station- Mr. Liju Joseph- Sub Inspector of police

Contact details of officer incharge of Police- 9497980425, Email id- siplrvtmekm.pol@kerala.gov.in

Address of individuals upon whom the bailable warrant to be served-

(i) Mr. Pulikkodan Joseph Antony, Whole time director

(ii) Nalpat Sebastian Jose, Whole time director Of M/s Jeevan Telecasting Corporation Limited R/o 32/2401-B, Rastradeepika Building, Palarivattom, Cochin- 25, Kerala.

for a sum of Rs. 5 lakhs for each of the aforesaid persons through aforementioned Head of Police Station. Dasti/Direct service upto Head of aforesaid Police Station(s).

The Head of aforesaid Police Station will serve the Bailable Warrant upon the aforesaid persons of the respondent and after completing the formalities of grant of Bail and after taking their signatures, the paper will be returned to this Tribunal immediately.

We also direct the respondent and its directors not to sale, mortgage, lease, sub - lease, gift or otherwise alienate the properties of the respondent as well as properties of the directors of the respondent worth Rs. 10 crores.

The aforesaid directors shall remain personally present on the next date of hearing at 11.00 AM.

Dasti service of this order and of warrant by the petitioner to the aforesaid Head of Police Station.

This matter is adjourned to 29.7.2022.