Star India Pvt. Ltd vs Cable Cast New Media Pvt Ltd. Through Its Director

Heard learned counsel for the petitioner.  Today nobody has appeared on behalf of the respondent nor the respondent has paid the amount of Rs. 17 lakhs and odd granted  in favour of the petitioner as an interim relief vide order dated 26.2.2021.  By that very order, interim prayers (e) and (g) were allowed resulting into attachment of one bank account maintained with Bank of India, Chennai Branch and respondent and its officials and employees were restrained from parting with assets or properties.  Direction was also issued  to the respondent to file an affidavit to disclose all its bank accounts along with financial transactions in such accounts since February 2019 along with returns during the last two years filed with Registrar of Companies/MCA as well as Income tax returns for the last three years. On earlier dates, the respondent was represented  by its counsel and has already filed a reply to the petition as well as an affidavit of disclosure in purported compliance of order dated 26.2.2021.

Learned counsel for the petitioner has filed a short reply affidavit in respect of shortcomings/alleged shortcomings in the affidavit of disclosure.  He has highlighted that respondent has disclosed statements and  financial transactions not from February 2019 but from April 2019 in four bank accounts and from September 2019 onwards in two bank accounts.

Returns with Registrar of Companies filed by the respondent is only for one financial year 2018-19 and the  Income Tax returns is also only for 2019-2020.  No disclosure has been made of any further assets and  liabilities.

The entire exercise being  undertaken  by asking for disclosure affidavit is to ensure compliance by payment of Rs. 17 lakhs and odd to the petitioner at this juncture.  Petitioner should study all the relevant papers already disclosed to find out whether such amount can be recovered from any of the bank accounts disclosed in the affidavit or  from any assets appearing from the I T returns or any other paper.

The default in appearance of respondent today is alarming. Prima-facie, it shows that respondent is not willing to comply with the interim order for payment of Rs. 17 lakhs and odd or to make complete disclosure as ordered.

In that view of the matter, respondent is issued with a notice to show cause why it should not be  punished under section 20 of TRAI Act for disobedience . Along with the show cause, if any, respondent must file all the informations and documents required to be disclosed by order dated 26.2.2021. It should also disclose its financial status as appearing from all the bank accounts and other sources  as on date and file an affidavit whether it has  the capacity to pay the amount required to be paid under orders of this Tribunal. Such show cause  to proceedings under section 20 and further disclosure should be made within five weeks from today. Of course, it will be open for the respondent to pay the amount required to be paid to the petitioner to show its bonafide and compliance by the next date

Post the matter under the same head on 5.1.2022.

Let a copy of this order be communicated to the respondent at the address and email ID etc. of the respondent available on record as well to its counsel.