Gtpl Hathway Ltd vs Information Tv Pvt Ltd

1 .Despite our order dated 21.03.2023 the respondent has not deposited the amount of Rs.183 Lakhs on or before 29.03.2023. Now, after the order by Honb’le Delhi High Court in  W.P.(C) No. 4064/2023 with C.M. Application No. 25140/2023 order dated 15.05.2023, the respondent has deposited Rs.111 Lakhs. The payment date which was fixed by this Tribunal has been modified as per order of the Honb’le Delhi High Court but the facts remains that Rs 72 Lakhs are yet to be paid by the respondent to the petitioner.

The second payment as stated in our order dated 21.03.2023 was at Rs. 91.5 Lakhs. The same was to be paid on or before 29.04.2023 and thereafter further amount to be paid by the respondent at Rs.91.5 Lakhs on or before 29.05.2023.

The aforesaid amount at Rs.91.5 and again 91.5 Lakhs have not been paid by the respondent.

Thus, out of Rs.183 Lakhs, as per our order dated 21.03.2023, now the left out amount to be paid by the respondent to the petitioner is Rs.72 Lakhs plus Rs.91.5 Lakhs plus Rs. 91.5 Lakhs for which respondent is seeking time.

Moreover, looking to the tendency of the respondent, it appears that there is no intention on the part of the respondent to make the payment of the admitted amount by them because as per submission of the counsel for the petitioner earlier settlement was arrived at for Rs.7.4 crore and even after settlement the amount which is settled between the parties to this litigation has not been fully paid. The date of settlement is 24.05.2022. Thus even after approximately 12 months period the respondent is unable to comply with the full payment of the settled amount.

Every now and then varieties of excuses have been advanced.  This Tribunal has also given the payment schedule to the respondent as per the submission of the respondent. Thereafter also the respondent has failed to comply with the payment of the amount which is legally payable to the petitioner.

Today also there is no modification application of our order dated 21.03.2023 preferred by the respondent and just orally it is submitted by the counsel for the respondent that they want some instalments.

We, therefore direct the Directors of the respondent viz. Mr. Intezar Ali and Mr. Rakesh Sharma to remain personally present before this Tribunal tomorrow(19.05.2023) at 11.AM, failing which, a strict action will be taken by this Tribunal.

We, also direct BSES Rajdhani Power Ltd. to disconnect the supply of the Electricity to the respondent – Information T.V  Pvt Ltd. at,  B-116 Ground Floor, Okhla Industrial Area Phase-1, New Delhi 110020, and also at Media House, 276 Capt. Gaur Marg, Srinivaspuri, New Delhi 110065 forthwith.

Registry of this Tribunal is directed to immediately convey this order to BSES Rajdhani Power Ltd. to disconnect the supply of the electricity forthwith at the addresses mentioned in the aforesaid Paragraph.

This matter is adjourned to 19.05.2023.