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Multireach Medial Pvt Ltd vs Zee Entertainment Enterprises Ltd

Telecom Disputes Settlement And Appellate Tribunal · Decided on 29 October 2021 · Citation: (2021) 10 TDSAT CK 0045

HON’BLE JUDGES
Shiva Kirti Singh, Chairperson · Subodh Kumar Gupta, Member
RESULT
Disposed Of
CASE NUMBER
Broadcasting Petition No. 636 Of 2021
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Judgment

8 paragraphs · 338 words

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

Admit.  No notice needs to be issued in view of appearance of the respondent.

Without going into details, from Annexure P/8to the petition which is version of the petitioner, up to August, 2021 till 21.10.2021 the amount due and payable will be approximately Rs. 75.68 Lakhs only and not the amount of Rs. 95.23 Lakhs approximately as claimed by the respondent in the impugned disconnection notice dated 12.10.2021 (Annexure P4).  According to the petitioner, the claim of the respondent does not take care of petitioner's entitlement to incentives in terms of the agreement which amount to approximately Rs. 20 Lakhs.  Learned counsel for the respondent submits that the incentives so far acceptable to the respondent amount to only Rs. 4 Lakhs approximately but a reply to the claim of incentives has not been finally given as yet.  He further submits that at least the admitted amount of Rs. 75.68 Lakhs should be ordered to be paid at once because these are old dues up to August, 2021 only.

Learned counsel for the petitioner has pleaded for some accommodation of time so as to pay the admitted dues in two instalments.

Considering all the facts and circumstances, the petitioner is given interim protection against the disconnection notice till the next date in case he pays Rs. 40 Lakhs by 2.11.2021 and a further amount of Rs. 35.68 Lakhs as second instalment by 25.11.2021.

The current dues should be paid by the petitioner as per terms of the agreement and the usual practice.  It is expected that the respondent shall take a firm decision on the petitioner's claim for incentives and communicates the same at an early date, preferably within two weeks so that, if possible, the petition may be finally disposed of on the next date.

Parties will be at liberty to bring on record the relevant facts.

Post the matter under the head "For Directions" on 7.12.2021.