Madurai Krishna Network Pvt. Ltd vs Thamizhaga Cable Tv Communication Pvt. Ltd

Heard learned counsel for the petitioner and learned counsel for the respondent.

As would appear from the order passed on 9.3.2021 inspite of reluctance and opposition by the respondent and by way of an interim relief, this

Tribunal by order dated 17.11.2021 directed the respondent to enter into a fresh RIO based interconnect agreement forthwith and in any case within

one week. In that order towards the end, it was noted that respondent's main concern is that ""the petitioner may not meet its liability and may

leave the respondent’s platform without payment. This situation must be avoided by the petitioner and therefore an undertaking is

offered on behalf of the petitioner that it shall pay the lawful dues of the respondent on account of carriage of its channels on

respondent’s platform in term of the RIO based agreement for carriage and other regulatory provisions like the regulations and the

tariff order.

In case there is any default by the petitioner without seeking leave of this Tribunal, the amount due as per law and invoice shall immediately

become payable and for that this Tribunal may pass orders at the instance of the respondent. Â

Post the matter under the same head on 5.1.2022.

It is not in dispute that based on the said order, an interconnect agreement has been signed between the parties on 18.11.2021 effective from

1.12.2021. On 4.1.2022, the respondent raised invoice demanding a sum of Rs. 4 lakhs plus 18% GST for each channel towards the carriage for the

month of December 2021. That invoice has not been paid by the petitioner so far leading to a notice of disconnection said to have been issued by the

respondent on 18.1.2022 on the request of the petitioner himself made through a correspondence dated 12.1.2022.

As per notice of disconnection, carriage of petitioner's channel on respondent's system shall stop after three weeks from 18.1.2022 but today learned

counsel for the petitioner has pressed for a direction from this Tribunal to direct the respondent to stop the redistribution of petitioner's channel

forthwith.

Without going into the reasons alleged by the petitioner for such a request, the request is accepted and respondent is directed to forthwith stop

redistribution of petitioner's channel. This shall not be treated as a violation of regulatory provisions relating to notice period.

On behalf of the petitioner MA No. 44 of 2022 has been filed on 13.1.2022 seeking relief against provisions in the interconnect agreement and against

the invoice dated 31.12.2021 raised by the respondent on 4.1.2022. The respondent is granted four weeks' time to file reply to the said MA. Time for

rejoinder shall be considered on the next date.

Considering the earlier apprehension of the respondent that petitioner does not want to pay or shall not be able to pay, this Tribunal had obtained an

undertaking from the petitioner that it shall pay the invoices.

By invoking that undertaking, this Tribunal directs the petitioner to pay the dues of the respondent for the months of December 2021 and January 2022

within two weeks from today. Such payment, if made, shall be subject to result of decision in this petition and particularly, MA No. 44 of 2022.

Post the matter under the same head on 10.3.2022.