Hathway Digital Ltd vs Channel Vision

Counsel appearing for the petitioner has argued out the case at length and submitted that disconnection notice issued by the petitioner upon respondent is dated 20.7.2020 (Annexure P-5 to the memo of this petition) in which it has been highlighted by the petitioner that outstanding amount due and payable by the respondent to the petitioner as on 31.7.2020 was at Rs. 21,55,000/-. Counsel appearing for the petitioner submitted that no reply has been given by the respondent to the aforementioned disconnection notice issued by the petitioner nor any reply has been filed in the present broadcasting petition despite the fact that notice issued by this Tribunal has been served upon the respondent on 27.12.2021.

Counsel appearing for the petitioner has further submitted that looking to the email sent by the respondent to the petitioner which is dated 1.7.2020 (Annexure P-7 to the memo of this petition) reveals the fact that the respondent had admitted the fact that they are liable to make the payment upto March 2020.

Counsel appearing for the petitioner has taken this Tribunal to page no. 31 of the memo of this petition which is Annexure P-3 to the memo of this petition and it has been pointed out by the counsel for the petitioner that upto March 2020, the amount due and payable by the respondent to the petitioner was at Rs. 9,75,000/-. It is also submitted by the counsel for the petitioner that as per the invoices issued by the petitioner, if the amount due and payable, if any, is not paid in time, an interest @ 18% p.a shall be levied (Annexure P-2 to the memo of this petition).

Counsel appearing for the respondent is seeking time to file the reply and has submitted that the respondent is not admitting any amount due and payable by the respondent to the petitioner.

Having heard the counsels for both the sides and looking to the facts and circumstances of the case, especially Annexure P-5, which is a disconnection notice dated 20.7.2020, it appears that the notice of disconnection was given for the amount due as on 31.7.2020 was at Rs. 21,55,000/-. Moreover, it appears that no reply has been given by the respondent of this disconnection notice nor any reply has been filed in the present brodcasting petition despite the notice issued by this Tribunal served upon the respondent on 27.12.2021. Moreover, looking to the Annexure P-7 to the memo of this petition, which is an email sent by the respondent to the petitioner dated 1.7.2020 in which respondent was seeking time to make the payment of the dues legally payable by the respondent upto March 2020.

Thus, the amount due and payable upto March 2020 comes to Rs.9,75,000/- which are towards promotional charges. Moreover, looking to the invoices which are issued by the petitioner to the respondent are Annexure P-2 they have also mentioned 18% p.a. interest to be levied upon the amount due and payable.

In view of this fact, there is a, prima facie, case in favour of the petitioner. Balance of convenience is also in favaour of the petitioner and if stay, as prayed for, in this petition is not granted, it will lead to irreparable loss to the petitioner.

We, therefore, direct the respondent to deposit Rs. 12 lakhs before the Registrar of this Tribunal by way of Bank Draft on or before 1.6.2022. The Registrar of this Tribunal shall accept the aforesaid amount and will deposit the same in a Nationalised Bank as a Fixed Deposit initially for a period of one year.

This matter is adjourned to 3.6.2022.