Gemini Tv Distributton Services Pvt.ltd.(erstwhile Sun Distribution Services Pvt.ltd.) vs Andhra Pradesh State Fibernet Limited

Heard the parties at some length in respect of the interim arrangement required at the present stage.

The interim prayer made in the petition is only for directing the respondent to furnish a Bank Guarantee to cover the dues claimed by the petitioner on

account of invoices issued during the period of agreement between December, 2019 and November, 2020. That prayer has been opposed and

rightly because it will not serve any interest of either of the parties who are in business relationship and there is no materials to show that the

respondent is facing any urgent financial crisis which alone can justify seeking a security by way of Bank Guarantee.

The claim of the petitioner is based upon invoices and accounts but the respondent have taken a defence that there have been some mistake of facts

and respondent is not required to pay the invoiced amount for the concerned period. It appears that as per invoices raised between the parties and

payments made, for the relevant period the dues would come to approximately Rs. 12.46 Crores but the same is not admitted by the respondent on

account of its defence disclosed in the reply.

There is a fresh disconnection notice given by the petitioner on 25.2.2021 but the same has not become effective so far. Learned counsel for the

respondent has submitted that in the interest of the viewers and the parties it will not be proper to effect disconnection at this juncture when there is a

defence which requires adjudication against the claim of the petitioner.

At the present juncture, equities are required to be balanced and in the interest of viewers it is not deemed proper to permit disconnection for the time

being. However, this Tribunal is of the considered view after hearing both the parties that for the present, some part of the claim of the petitioner is

required to be paid at least on- account and subject to the result of this petition.

Considering some financial constraints being faced by the respondent at this juncture when the financial year is coming to an end, this Tribunal is of

the view that an amount of Rs. 2 Crores towards the claim of the petitioner should be paid by the respondent on-account. Half of that amount

should be paid by the end of March, 2021 and the remaining half by 21.4.2021. If this condition is accepted and acted upon, the disconnection notice

given by the petitioner to the respondent on 25.2.2021 shall not be given effect to till the next date.

Post the matte under the same head on 27.4.2021.

In the meantime, both the parties should initiate and if situation and circumstances permit, they should enter into a fresh agreement in accordance with

the Regulations and the law so that existing arrangement on the strength of this Tribunal’s order may come to an end at the earliest. Since the

rejoinder has already been filed, no further pleadings are required except in some exceptional circumstances for which the parties can seek liberty at

appropriate time.