Multi Reach Media Pvt.ltd vs Zee Entertainment Enterprise Ltd

Heard learned counsel for the petitioner and Mr. Kunal Tandon, Advocate who has appeared for the respondent on advance notice.

Petitioner has again approached this Tribunal against a disconnection notice dated 18.1.2022 (Annx. P-3) received by the petitioner on 19.1.2022. This

notice has been issued by the respondent under Regulation 17 of the relevant Regulations of 2017 on account of outstanding amount of Rs. 77.57 lakhs

approx. for billings till November 2021. The notice also indicates the invoiced amount of Rs. 27.93 lakhs approx. for December 2021 which has

admittedly become payable on 28.1.2022.

On hearing the learned counsel for the parties, it is noticed that petitioner had preferred BP No. 637 of 2021 against a disconnection notice in which

the main defence was a grievance against the respondent that the admissible incentives claimed by the petitioner is not being paid in a timely manner.

That grievance was taken care of and the petition was finally disposed of on 21.1.2022 (Annx P-1).

As a result of the previous order, the claim for incentive till December 2021 has been taken care of and the parties are to abide by the earlier order

for which no grievance has been raised. Fresh defence on the basis of dues of incentives is found to be untenable.

The only plea of the petitioner appears to be financial difficulties which was noticed in the earlier order also. Such difficulty should not be permitted, in

the usual course of business to back out from contractual liabilities of making timely payments. Such practice cannot be encouraged by this Tribunal.

Hence, the petition is dismissed.

However, by way of extra ordinary indulgence the notice period which is expiring tomorrow is extended by one week. If the amount shown as arrears

till December 2021 is not paid by the petitioner till 16th February 2022, the respondent will be at liberty to give effect and cause disconnection in

terms of the impugned notice.