Tribunals and CommissionsDivision Bench

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

Telecom Disputes Settlement And Appellate Tribunal · Decided on 26 November 2021 · Citation: (2021) 11 TDSAT CK 0057

HON’BLE JUDGES
Shiva Kirti Singh, Chairperson · Subodh Kumar Gupta, Member
CASE NUMBER
Broadcasting Petition No. 753 Of 2020 With Misc Application 38, 336 Of 2021
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Judgment

5 paragraphs · 256 words

Perused the contents of M A No. 336 of 2021.  Also perused the stand of the respondent in its reply and heard learned counsel for the parties.

There was a development during the pendency of this petition.  On account of reconciliation exercise, as per correspondent between the parties, an amount of Rs. 9,83, 84,661.00 was worked out as the outstanding for the period for which dues have been claimed in this petition.  The correspondence (e-mail) contained in Annexure - A-2(Colly) to the MA discloses that the respondent proposed to clear the said amount @ Rs. 15 lakhs per month subject to consideration of the petitioner.  Since the petitioner did not agree to the mode of payment of Rs. 15 lakhs per month which would take more than five years to clear the dues, the parties are still at logger heads with some reluctance on the part of the respondent to clear the amount arrived at urgently as per desire of the petitioner.

Settlement between the parties on account of reconciliation exercise is one of the accepted modes of resolution of disputes by this Tribunal.  At times parties  have some difficulty in clearing the outstanding dues in one go.  In such a situation, this  Tribunal grants accommodation by permitting reasonable instalments.

The respondent is granted two weeks' time to reconsider its proposal to pay the liability @ Rs. 15 lakhs per month.   The reconsidered should be just and fair and in accordance with the trade practice.

Let the matter be listed under the same head on 15.12.2021.