Indiacast Media Distribution Pvt Ltd vs Sarveshwar Media Pvt Ltd

Heard Mr. Diggaj Pathak, learned counsel appearing on behalf of respondent/applicants.  He has pressed M.A. Nos. 143 and 144 of 2022.  In the first application the prayer is to set aside an order for ex-parte hearing passed on 14.2.2022.  In the other application the prayer is for modifying an interim order passed on 8.10.2021 directing the respondent  to pay an amount of Rs. 20 Lakhs along with interest to the petitioner.

From the materials and pleadings in M.A. No. 143 of 2022 and other materials on record including exchange of emails between the parties, this Tribunal finds that respondent was aware of the present proceedings but it has offered various explanations for no appearance which are not very convincing.  Opinion of a consultant contrary to records, is a plea difficult to be accepted.  The orders of this Tribunal can easily be seen on the website.

So far as prayer in M.A. No. 144 of 2022 is concerned, the direction to pay a small amount of Rs. 20 Lakhs when the total claim is of more than Rs. 1.74 Crores, was made only because a cheque for that amount issued by the respondent in favour of the petitioner was dishonoured.  The fact of dishonour was indicated through an email but no remedial action was taken then and not suggested even in the M.A. under consideration.

No good reason is found to modify the interim order passed on 8.10.2021.  It is clarified that the said amount if paid shall be treated as a payment on account liable to adjustment as per the final order in the petition.

Already sufficient time has been granted for complying with the interim order but in spite of a request made by the petitioner the payment has not been made so far.  This creates an impression that the respondent is only trying to delay the proceedings without complying with the interim order of this Tribunal.

However, in the larger interest of justice, the respondent is given an opportunity to pay the amount as directed by the interim order of 8.10.2021 within one month and file a proof of such payment in writing.  In that event, respondent will be entitled to file his reply by 9.4.2022 and the order for ex-parte hearing shall stand recalled. In case, the amount as indicated above is not paid and/or the reply is not filed within the time indicated, the order for ex-part hearing shall remain as it is.  Both the applications are disposed of accordingly.

In case the respondent complies with the order passed today and the order for ex-parte hearing gets vacated, he may, if so advised, file an application for any appropriate relief.

Post the matter under the same head on 18.4.2022.