Siti Networks Ltd vs Paras Cable Network And Anr,rj

Counsel appearing for the petitioner seeks time to file rejoinder affidavit as they have received counter affidavit on behalf of respondent no. 1.

The present application has been preferred by counsel for respondent no. 2 for deletion of party - respondent no. 2 in pursuance of order passed by this Tribunal in M.A No. 76 of 2021 in BP No. 107 2021 dated 9.11.2021.

Having heard the counsels for both the sides and looking to the facts and circumstances of the case and the orders passed by this Tribunal as stated hereinabove, MA is allowed and disposed of and respondent no. 2 is permitted to be deleted.

So far as this Broadcasting Petition (BP) is concerned, it is submitted by the counsel for the petitioner that present BP has been preferred for recovery of the subscription charges & STBs from the respondent no. 1 (now the only respondent). The counsel for the petitioner has supplied certain relevant information which are as follows: -

Subscription Charges: - ₹ 1,63,031/-

Recovery of 841 Set Top Boxes (STBs): - ₹12,15,225/-

While relying on the above supplied information, it is submitted by counsel for the petitioner that let the respondent be directed to deposit Rs. 13 lakhs before this Tribunal and the matter may be fixed for its final hearing or for taking evidence before the Court of Registrar.

Counsel appearing for the respondent submitted that the amount due and payable as mentioned in the memo of this petition is disputed. Similarly, the respondent also disputes about the number of STBs and the valuation thereof and has relied upon clause 4.4 of an agreement which is at Annexure P– 4 (Interconnection Agreement).

Having heard the counsels for both the sides accompanied by perusal of the facts and circumstances of the case and taking into account contents of Annexure P-4, especially, clauses 4.3 and 4.4 thereof and further considering the fact that in the reply filed by the respondent there appears to be no specific plea taken by the respondent about the disputed valuation of the STBs as per petitioner.

We, therefore, direct the respondent to deposit Rs. 13 lakhs before the Registrar of this Tribunal on or before 22.7.2022 by way of Bank Draft.  This amount shall be accepted by the Registrar of this Tribunal and shall deposit the same in a Nationalized Bank in a fixed deposit initially for a period of 12 months.

The deposition of the aforesaid amount shall not tantamount to any admission of facts by the respondent. The amount deposited by the respondent shall be adjusted towards the final liability of the respondent, if any. The aforesaid amount shall be finalised by this Tribunal at the time of final hearing of the present Broadcasting Petition. If there is no liability of the respondent, the amount deposited by the respondent shall be returned alongwith interest to the respondent.

If aforesaid amount is not deposited on or before 22.7.2022, we hereby direct one Mr. Paras Aggarwal (Counsel for respondent is unable to give any other name than what is stated by the counsel for the petitioner) of the respondent to remain personally present without fail before this Tribunal on the next date of hearing at 11.00 AM.

If the aforesaid amount is already deposited by the respondent as stated hereinabove before the Registrar of this Tribunal, there is no need for the aforesaid person to remain present before this Tribunal on the next date of hearing.

This matter is, therefore, adjourned to 29.7.2022.