Enhance Multi Trade Pvt Ld vs Zee Entertainment Enterprise Ltd

Admit.       Â

No notice need to be issued as the respondent has appeared through Mr. Kunal Tandon, Advocate on advance notice.

The only point seriously raised and argued on behalf of the petitioner is that the communication in the email of respondent dated 10.3.2021 (Annexure

P/8) is not a valid disconnection notice of 21 days as required by the Regulations.

On the other hand learned counsel for the respondent submits that the communication of 10.3.2021 mentions the exact amount of dues on two

different heads for which a demand was raised by the respondent with a clear stipulation that in the event of failure to comply, the respondent shall be

disconnecting the signals of their channels. He further submits that after waiting for 21 days, disconnection was effected only on 31.3.2021 because

by that time the demand for subscription fees amounting to Rs. 50 Lakh and odd as per billing till January, 2021 was not paid nor the petitioner chose

to challenge the said communication by filing any petition before this Tribunal. He submits that although a plea has been taken that disconnection is

illegal for lack of notice, there is no challenge to the communication of 10.3.2021 containing clear threat of disconnection of signals. Hence,

according to respondent, the email of 10.3.2021 meets the requirements of a notice.

The aforesaid controversy shall be adjudicated after the pleadings are complete.

As prayed, three weeks’ time is granted for filing reply. One week’s further time, as prayed, is granted for filing rejoinder, if required. Â

Post the matter under the head “For Directionsâ€​ on 7.5.2021.

A careful perusal of the petition discloses that the petitioner has not only failed to challenge the email of 10.3.2021 but has also not challenged the

demands made in that communication. However, during the course of hearing, learned counsel for the petitioner has submitted that petitioner has

some financial problems and, therefore, it should be given at least one week’s time for paying 50% of the dues towards monthly subscription fee

during January, 2021. He further submits that the petitioner has raised invoices for incentives and, therefore, the amount actually payable after

adjusting may get reduced considerably. Petitioner will be at liberty to file clear pleadings by way of an M.A. within one week from today.

Since the petitioner has suffered disconnection and there is a controversy with regard to the legality of the notice, in view of an undertaking on behalf

of petitioner that it shall pay within one week 50% of the subscription fees dues as per billing till January, 2021, the respondent is directed to restore

supply of its signals to the petitioner as soon as an amount of Rs. 10 Lakh is paid, preferably by tomorrow and in case the balance amount of Rs. 15

Lakhs is not paid within one week from today, the respondent will be at liberty to effect disconnection and this Tribunal shall consider taking adverse

action against the petitioner for violating its undertaking. Â

It will be open for the parties to reconcile the accounts in the meantime. Â