Gemini Tv Distributton Services Pvt.ltd vs Andhra Pradesh State Fibernet Limited

Heard learned senior counsel for the petitioner and learned counsel for the respondent.

An affidavit containing submission of the respondent in the light of order dated 26.11.2021 has been filed on 17.12.2021. Cash Flow Statement has been annexed with the submissions to support the stand of the respondent that even after reconsidering the relevant facts they are in a position to only pay Rs. 15 lakhs per month for clearing the liability of Rs. 9.83 crores aprox. for the period till November 2021.

An additional statement has been made that respondent shall make endeavour to release lump sum amounts as and when it is made available under budgetary allocation by the State Government so that the period of re-payment may get reduced.

During the course of submission, Mr. Sibal, learned senior counsel for the petitioner has hinted that Cash Flow Statements are not sufficient for understanding the income which the respondent is deriving every month or annually from the business to which the petitioner is contributing by way of supply of channels.

In that view of the matter, it is expected that respondent shall disclose the annual accounts atleast of the previous year to get an idea as to the receipts from the relevant business so that this Tribunal may be able to consider the issue on the basis of relevant facts. If so advised, petitioner may file a response to the submissions of the respondent noticed above within two weeks.

It will be open for the respondent to bring by way of rejoinder or otherwise further materials on record in respect of accounts particulaly within a further period of three weeks thereafter.

Post the matter under the same head on 3.2.2022.

In the meantime, the installments indicated in the response should continue to be paid towards the arrears.