Indiacast Media Distribution Pvt Ltd vs Sarveshwar Media Pvt Ltd

Heard learned counsel for the petitioner. Today also nobody has appeared for the respondent.

The last order passed on 2.8.2021 reads as follows :

"Heard learned counsel for the petitioner.  Today also nobody has appeared on behalf of respondent although notice was served long back on 8.2.2021.  It appears from the submissions that the respondent is aware of these proceedings and has written to the petitioner seeking statement of account with a view to settle the dispute.  Obviously the respondent is avoiding to appear inspite of notice.  Appropriate orders, final or interim, may be passed on the next date ex-parte.

Last opportunity is given to the respondent to file its reply by the next date.

Post the matter under the same head on 7.9.2021. "

This petition was filed on 24.11.2020. The main relief sought by the petitioner is for a decree for Rs. 1,74,15,213.81 alongwith interest.  Petitioner's case is that the said amount is due as per statement of account available on record. When the dues were not paid, a disconnection notice dated 8.8.2019 (Annx. P/7) was issued and on account of no payment inspite of notice, the channels of the petitioner were deactivated for the system of respondent on 30.8.2019. The amount claimed was due at the time of disconnection. There is further an averment that for meeting the demand for dues, respondent had issued a cheque dated 20.7.2019 for an amount of Rs. 20 lakhs but the same was not honoured by the bank for the reason of insufficient funds.  This was communicated by the petitioner to the respondent through an email dated 31.7.2019 (Annx. P/6).

In the aforesaid circumstances, the  petitioner has sought the following interim reliefs :

a) Pass an ad interim ex-parte order directing the Respondent to pay the admitted amount in terms of the abovesaid cheque issued by the Respondent towards its liability, in tune to Rs. 20,00,000/- (Rupees Twenty Lakhs Only) which the Respondent is liable to pay to the Petitioner as the cheque has got dishonoured for "Insufficient Funds";

b) Pass an Ex-parte ad-interim / interim Order restraining the Respondent from in any manner dealing with/disposing off or parting with possession, alienating, transferring or selling or encumbering or creating third party rights or charge on any of the assets and movable or immovable properties, advances, loans etc.

c) Pass appropriate Order (s)/ Direction(s) against the Respondents for rendition of their accounts / bank accounts maintained by the Respondents in due course of their business and for personal and commercial transactions;

d) Pass an Ex-parte ad-interim / interim Order directing the Respondent to secure the outstanding dues payable by the Respondent to the Petitioner either by upfront payment by the Respondent and/or attachment of the  assets, bank accounts, of the Respondent;

e) Pass an Ex-parte ad-interim / interim Order directing attachment of all the movable and immovable properties of the Respondent including but not limited to bank accounts/head-ends/ machineries/ equipment's etc ;

f) Pass any other or further relief, which this Hon'ble Tribunal may deem fit and proper in the facts of the case in favor of the Petitioner and against the Respondent."

The record discloses that as per affidavit of service, notices were validly served through different modes between 8 and 14 February 2021. Inspite of grant of several opportunities and lapse of long time, the respondent has avoided to appear.

In view of the facts noted in the last order, the non-appearance is found to be deliberate with a view to delay passing of effective orders by this Tribunal.

This Tribunal is inclined to proceed exparte for the purpose of granting interim relief.  The prayer for an order directing the respondent to pay Rs. 20 lakhs as an admitted amount is allowed.  The said amount shall be paid by the respondent within two weeks from today, failing which it will carry an interest @ 9% p.a. with yearly rest and petitioner will be entitled to realise the same through any appropriate proceeding including execution application.

Petitioner is given liberty to file details of bank accounts of the respondent as well as details of its movable and immovable properties for passing further interim orders.

However, untill further orders the respondent is restrained from alienating, transferring or encumbering any of its properties and shall not be entitled to withdraw any money from its accounts without seeking permission of this Tribunal.

If respondent does not appear by the next date, the matter may be finally disposed of ex-parte on the basis of materials available on record.

Post the matter under the same head on 23.11.2021.