Den Network Ltd vs M/s Mq Networks Private Limited

Despite the order passed by this Tribunal dated 24.4.2023, the Judgment Debtor is not remaining present before this Tribunal who is the Director of the Judgment Debtor Company.

Counsel appearing for the respondent submits that the Director viz. Mr. Mahesh Muthuganapathy Saroja, is leaving tomorrow for Istanbul, Turkey and Israel and shall remain present after 19.8.2023.

Counsel for the Decree Holder submits that the Judgment and Decree passed by this Tribunal in Broadcasting Petition No.369/2010 is dated 1.2.2011 and decree is dated 14.2.2011, and not a single penny was paid by the Judgment Debtor in satisfaction of the Decree and the Directors are moving in the whole world for other businesses.

It is further submitted by the counsel for the petitioner that the respondent has closed down one business and other 3-4 businesses and, therefore, counsel appearing for the Decree Holder has insisted for lifting of the veil and has submitted that let the Decree be satisfied from the personal properties of the companies of the Managing Director of the Judgment Debtor Company who is in the habit of closing down one business which is having a debt and starting a new company for defrauding the creditors.

Counsel appearing for the respondent submits that other 3-4 companies were incorporated after incorporation of the Judgment Debtor Company.

Counsel appearing for the respondent submitted that the other 3-4 companies are also running in losses. Initially, the counsel for the respondent-Judgment Debtor submits that the 3-4 companies which are subsequently incorporated by the said Managing Director were running in losses. Now, he submits that he is not aware of this fact.

We, therefore, direct the Immigration Officer of Mumbai International Airport Authority to restrain the Managing Director of the Judgment Debtor Mr. Mahesh Muthuganapathy Saroja from going abroad.

Similarly, we also hereby direct the Passport Officer at Mumbai to immediately inform the concerned authorities not to allow Mr. Mahesh Muthuganapathy Saroja leaving India.

We also direct the Registry of this Tribunal immediately to send a copy of this order as well as the photocopy of the ticket from Mumbai to Istanbul and Istanbul to Ben Gurion which is dated 29.7.2023, having PNR No/booking reference no. XTBS4T and having Passport No. Z6977013(along with copy of visa is enclosed herewith) partner’s PNR No/booking reference no.UE8HXV. This ticket also includes the ticket and the return journey ticket dated 12.8.2023 from Ben Gurion to Istanbul and Istanbul to Mumbai and other journey by flight no.6E 17. Let a copy of the order be sent to the following:

a.  Secretary Home, State of Maharashtra;

b.  Director General of Police of Maharashtra;

c.  Deputy Commissioner of Police, Mumbai;

d.  Police Inspector of Andheri Police Station, Mumbai;

e.  Passport Office of Mumbai;

f.  Immigration Office of Mumbai International Airport Authority;

g.  Secretary of Ministry of External Affairs, New Delhi;

h.  Commissioner of Income Tax at Mumbai;

i.  Ambassador of Israel

We hereby direct Mr. Mahesh Muthu Ganapathy Saroja Managing Director of M/s Mq Networks Private Ltd. to supply the photocopy of Passports which are in possession of Mr. Mahesh Muthuganapathy Saroja because this Tribunal wants to know that after the Decree passed by this Tribunal in the year 2011 to how many countries Mr. Mahesh Muthuganapathy Saroja has traveled and for what purposes because on one hand, he is saying that he has no money to pay to the Decree Holder and on the other hand he is travelling abroad for several days together.

We also direct the Mr. Mahesh Muthuganapathy Saroja to place on record the photocopy of the ticket purchased for Istanbul (Turkey) and Israel.

Counsel for the Judgment Debtor at this stage further submits that, Mr. Mahesh Muthuganapathy Saroja is not going on a vacation at Turkey and Israel.

The Photocopy of the Istanbul Ticket from Mumbai is placed on record by the counsel for the Judgment Debtor during the course of the hearing.

We also hereby direct Mr. Mahesh Muthuganapathy Saroja to place on record that who has made the payment for these tickets and from which Bank Account.  We also direct Mr. Mahesh Muthuganapathy Saroja to place on record whether any offence has been registered against him under IPC or under any other law.

We hereby direct the passport authority at Mumbai to inform this Tribunal that how many journey abroad has been done by Mr. Mahesh Muthuganapathy Saroja.

Looking to the several orders passed by this Tribunal in this Execution Application which are no less than one dozen in number, the Judgment Debtor has consistently avoided the payment as per the Judgment and Decree passed by this Tribunal. The Decree Holder has waited enough and this court has passed orders after orders but the respondent, who is the Judgment Debtor, is not ready and willing to make any payment out of the total sum Rs.45,00,320/- for which the Judgment and Decree has been passed. Not a single penny has been paid towards the dues.

We, therefore, direct Mr. Mahesh Muthuganapathy Saroja to remain personally present before this Tribunal on the next date of hearing at 11 AM.

Except making payment as per the Judgment and Decree, every type of lame excuses have been canvased time and again by the judgment Debtor.

Counsel appearing for the respondent further submits that counsel Mr. Vibhav Srivastava on behalf of the Decree Holder be sent along with the Judgment Debtor. This reflects the behavior of the Judgment Debtor.

This matter is, therefore, adjourned to 4.8.2023.