Enhance Multi Trade Pvt Ld vs Zee Entertainment Enterprises Ltd

Admit   Issue notice. Mr. Kunal Tandon, Advocate accepts notice on behalf of respondent. Reply may be filed within four weeks. Rejoinder, if any, may be filed on or before the next date of hearing.

Post the matter under the head "for directions" on 22.4.2022.

This petition has been preferred by Multi System Operator (MSO). Counsel appearing for petitioner submitted that disconnection notice has already been issued by respondent – broadcaster on 25.2.2022 under Regulation 17 of Telecommunication (Broadcasting and Cable) Services Interconnection (Addressable Systems) Regulations, 2017.

Counsel appearing for the petitioner seeks interim relief so that there may not be disconnection of signals of channels of the respondent by the broadcaster during the pendency of this broadcasting petition. Counsel appearing for both the sides have pointed out the correctness of the amount demanded and about the amount of incentives under the Reference Interconnect Offer (RIO) agreement. Counsel for both the sides have given their own figures which shall be decided at the time of final hearing of this broadcasting petition. So far as interim relief is concerned and looking to the claim of the broadcaster - respondent as well the claim of incentives of this petitioner – MSO, it appears that the notice has been given by the respondent for the amount of  Rs. 32,80,910/- and as per respondent, the total amount of incentives as calculated by respondent is Rs. 7,79,740/-.

Counsel appearing for the petitioner – MSO submitted that they are entitled for incentive amount of Rs. 16,40,121/-. Counsel appearing for respondent submitted that the amount of the incentives mentioned by the petitioner in memo of this broadcasting petition is at Rs. 13,30,382/- .

Having heard the counsel for both the sides and looking to the facts and circumstances of the case so far as ad - interim relief is concerned,  we hereby direct the petitioner to deposit Rs. 15 lakhs within a period of one week from today with the respondent.  On this condition of depositing Rs. 15 lakhs with the respondent, we hereby direct the respondent not to disconnect the signals of channels of the respondent.

It is made clearer that the petitioner shall continue to make the payments of legally payable amount to the respondent within stipulated time as per law and as per agreement.

Learned counsels appearing for both the sides submitted that  let there be a direction to both the parties in this litigation for reconciliation of dispute between them. We, therefore, direct both the petitioner as well respondent to have meetings for reconciliation before the next date of hearing.

The payment of the aforesaid amount shall not be treated as admission of any fact by the petitioner.  However, the acceptance of the amount shall be treated as an admission of any fact by the respondent. The aforesaid amount shall be set off against the final liability.