Gtpl Hathway Ltd vs Information Tv Pvt Ltd

Counsel appearing for the petitioner submitted that despite the sizable amount is due and payable by the respondent, they are always avoiding the payment of the dues.

It is further submitted by the counsel for the petitioner that the respondent has agreed the dues of Rs.7.4 crore as per affidavit filed on behalf of the petitioner out of which the respondent has made the payment of Rs.3,73,76,542/- and the balance amount yet to be paid by the respondent is Rs.3,66,49,219/-. This calculation has been given in paragraph no.4 of the affidavit filed by the petitioner.

It is further submitted by the counsel for the petitioner that under the new agreement between the parties to this litigation, there is a further amount due and payable by the respondent which is Rs.91,66,667/- and, therefore, total comes to Rs.4,58,15,886/-.

Counsel appearing for the respondent submitted that they have no dispute at all about the outstanding amount Rs.3,66,49,219/-. It is submitted by the counsel for the respondent that they have no instructions for the amount payable by the respondent at Rs.91,66,667/- since it is not part of the petition. The respondent is ready and willing to make the payment of Rs. 3,66,49,219/- in eight equal monthly instalments, starting from 10.4.2023 and 15 lakhs, they are ready to make the payment on or before 31.3.2023.

The aforesaid offer is objected by the petitioner and it is submitted by the counsel for the petitioner that let the respondent deposit half the amount before 31.3.2023 and remaining amount in two instalments.

Looking to the facts of the case, prima facie, it appears that respondent is deliberately avoiding the payment of legally payable dues to the petitioner.

Having heard the counsels from both the sides and looking to the fact that the respondent is not disputing the legally payable amount to the petitioner at least of Rs.3,66,49,219/-, this amount is due and payable as per paragraph-4 of affidavit filed by the petitioner from June 2022 to May 2023. The aforesaid amount of Rs.3,66,49,219/- was due for the period of 19.05.2019 onwards.

Paragraph 4 of the affidavit filed by the petitioner read as under:

“That the Respondent has not adhered to the Payment schedule agreed between the parties and has been defaulting in making payments. The current status containing details of the payments made and defaulted are given in table as under:

Settlement Schedule

Month

Instalment

Paid

Balance

Jun'22

1,11,03,864

1,11,03,864

-

Jul'22

86,36,339

86,36,339

-

Aug'22

86,36,339

86,36,339

-

Sep'22

86,36,339

90,00,000

(3,63,661)

Oct'22

46,26,610

0

46,26,610

Nov'22

46,26,610

0

46,26,610

Dec'22

46,26,610

0

46,26,610

Jan'23

46,26,610

0

46,26,610

Feb'23

46,26,610

0

46,26,610

Mar'23

46,26,610

0

46,26,610

Apr'23

46,26,610

0

46,26,610

May'23

46,26,610

0

46,26,610

TOTAL(A)

7,40,25,761

3,73,76,542

3,66,49,219

Payment details under the new Agreement

Month

Instalment

Paid

Balance

Jun'22

19,66,667

10,00,000

9,66,667

Jul'22

19,66,667

18,00,000

1,66,667

Aug'22

19,66,667

18,00,000

1,66,667

Sep'22

19,66,667

0

19,66,667

Oct'22

19,66,667

0

19,66,667

Nov'22

19,66,667

0

19,66,667

Dec'22

19,66,667

0

19,66,667

TOTAL(B)

1,37,66,667

46,00,000

91,66,667

TOTAL( A + B )

4,58,15,886”

Thus, in view of the aforesaid facts stated in para 4 of the affidavit and also looking to the fact that there is no denial by the respondent, it appears that Rs.3,66,49,219/- is payable by the respondent to the petitioner. We hereby direct the respondent to make the payment of Rs.183 lakhs on or before 29.03.2023 and the balance amount shall be paid in two equal monthly instalments by the respondent to the petitioner, i.e. first instalment of Rs.91.5 lakhs shall be paid to the petitioner by the respondent through RTGS or by Bank Draft on or before 29.04.2023 and thereafter next instalment of the same amount shall be paid by the respondent to the petitioner on or before 29.5.2023.

If the amount stated hereinabove i.e. Rs.183 lakhs is not paid on or before 29.3.2023, we hereby direct BSES Yamuna Rajdhani Limited to disconnect the supply of electricity of the respondent's office premises i.e. Information Tv Pvt Ltd Having Its Registered Office At B-116, Ground Floor, Okhla Industrial Area Phase-1, New Delhi-110020 with effect from 30.03.2023.

If the aforesaid amount of Rs.183 lakhs is not paid on or before 29.03.2023 we hereby direct that Mr. Intizar Ali who is the Director of the respondent, shall remain personally present before this Tribunal on next date of hearing at 11.00 A.M. We also hereby direct that Mr. Rakesh Sharma who is one of the directors of the respondent shall remain personally present before this Tribunal on next date of hearing at 11.00 A.M.

This matter is adjourned to 11.04.2023.