Asianet Satellite Communications Pvt. Ltd. vs Kerala Kaumudi (p) Ltd

Having heard the counsels for both the sides and looking to the facts and circumstances of the case, it appears that –

(i)   Judgement and decree has already passed in Broadcasting Petition No. 347 of 2019 on 11.11.2020 and decree dated 18.11.2020 for Rs. 4,52,66,667/- along with interest @ 9% p.a. for the period running from 1.12.2019 to 11.11.2020.  The amount of interest has also been mentioned in the decree which is at Rs. 38,73,090/-.

(ii) Thus the respondent in this Execution application is a Judgement Debtor of Rs. 4,91,39,757/- (Rs.4,52,66,667/- + Rs. 38,73,090/-).

(iii)  The aforesaid amount was not paid by the present respondent who is a Judgement Debtor and hence the Decree Holder who is an applicant in this Execution Application has preferred Execution Application, bearing no. 1 of 2021 in B.P. No. 347 of 2019 for recovery of the decretal amount along with further interest.

(iv) Several orders have been passed in E.A. No. 1 of 2021 by this Tribunal, as argued by the counsel for the applicant; the dates of the orders are as under-

(a)  9.2.2021, (b)19.2.2021, (c)  1.3.2021, (d)23.3.2021, (e)  13.4.2021, (f) 4.8.2021 (g) 18.8.2021 (h)  23.9.2021, (i) 11.10.2021

(v) The aforesaid orders have been referred by the counsel for the applicant, otherwise thereafter also there are orders passed by this Tribunal in the present Execution Application, but relevant are the aforesaid orders.

(vi) It also appears from the facts of the case that the Judgement Debtor has taken all types of chances to avoid the payment of the decretal amount.  Review Application was also preferred by the respondent, being R.A. No. 5 of 2020.  R.A. No. 5 of 2020 was dismissed by this Tribunal on 11.12.2020.

(vii) Judgment Debtor preferred SLP (Civil) bearing No. 569-70 of 2021 before Hon’ble The Supreme Court of India which was dismissed on 23.2.2021.

(viii) Thus it appears that the judgment and decree passed by this Tribunal in Broadcasting Petition No. 347 of 2019 dated 11.11.2020 and decree dated 18.11.2020 has attained its finality and the Judgement Debtor is bound to make the payment of the decretal amount which is Rs. 4,91,39,757/- (which includes interest @9% p.a. upon principal amount. This interest is calculated upto 11-11-2020).

(ix) The Broadcasting Petition was also allowed with a cost of Rs. 1 Lakh over and above the aforesaid amount to be paid by the Judgment Debtor.

(x) It appears that even after the dismissal of the Civil Appeal by Hon’ble  The Supreme Court as stated herein above the Judgment Debtor is not paying the amount and in  the Execution Application preferred the decree holder, as stated hereinabove, orders have been passed to bring on record on oath the list of  movable as well as immovable properties, bank account  details etc. and the few selected orders passed in Execution Application has further been challenged before Hon’ble High Court of Kerala being W.P. No. 18800 of 2021 wherein orders passed by this Tribunal in Execution Application No. 1 of 2021 dated 18.8.2021 and 23.9.2021 were  under challenge.

(xi) No stay was granted by Hon’ble Kerala High Court in W.P. No. 18800 of 2021 and the matter is pending before Hon’ble High Court of Kerala, as submitted by counsels of both the sides to this litigation.

(xii) It is also brought to our notice that one more application has been preferred by the Judgment Debtor before Hon’ble High Court of Kerala after dismissal of Civil Appeal from Hon’ble The Supreme Court and after not getting any stay in W.P. No. 18800 of 2021 from Kerala High Court one more matter was filed being O.P. (Civil) No. 2117 of 2021 by the Judgement Debtor wherein order of this Tribunal in Execution Application No. 1 of 2021 dated 11.10.2021 was challenged.  Hon’ble Kerala High Court has granted stay vide their order dated 24.11.2021 subject to payment of Rs. 50 Lakhs by the Judgement Debtor to the Decree Holder.  This amount is already paid.

(xiii) The stay granted vide order dated 24.11.2021 in O.P. Civil No. 2117 of 2021 was extended vide further order dated 16.12.2021 subject to further payment of Rs. 25  Lakhs which is also paid by the judgement debtor.

(xiv) Again there was an extension sought for by the Judgement Debtor which was granted vide order dated 17.3.2022 in O.P. (Civil) No. 2117 of 2021 and vide order dated 17.3.2022 the stay granted was extended for further period of two months upon further payment of Rs. 75 Lakhs by the Judgement Debtor.  This amount was also paid by the Judgment Debtor.

(xv) Thus, in O.P. (Civil) No. 2117 of 2021 the stay was extended for two months on with effect from 17.3.2022.  Thus period extended period is also over by now.

Counsel appearing for the respondent is seeking time to move Hon’ble Kerala High Court especially O.P. (Civil) No. 2117 of 2021.  Counsel for the respondent submitted that they have already preferred a Memo for listing O.P. (Civil) No. 2117 of 2021 before Hon’ble Kerala High Court.  Counsel for the applicant in this Execution Application has not yet received this Memo.  The copy of this Memo will be supplied by the counsel for the respondent to the counsel for the applicant.

Counsel appearing for the applicant submitted that they have preferred M.A. No. 461 of 2021 for initiating actions against the Judgment Debtor for the contempt.  Secondly, M.A. No. 460 of 2021 has been preferred by the applicant for attachment of the properties of the Judgment Debtor and M.A. No. 462 of 2021 has been preferred by the applicant for appointment of a Local Commissioner/Receiver.

Counsel appearing for the respondent submitted that they have received all the three Miscellaneous Applications preferred in this Execution Application but as they are moving Hon’ble Kerala High Court, at present they are not filing reply to these three Miscellaneous Applications.

We are issuing notice in the three Miscellaneous Applications preferred by the applicant in this Execution Application.  Counsel, Mr. Aljo K Joseph, who is appearing for the respondent/Judgement Debtor is accepting the notice in all the three Miscellaneous Applications.

We hereby direct – Mr. Darshan Ravi S/o. Mr. M.S. Ravi, Managing Director of the respondent to remain personally present before this Tribunal on the next date of hearing at 11 a.m.

The matter is adjourned to 2.8.2022.