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Star India Pvt. Ltd. vs Multi Reach Media Pvt Ltd

Telecom Disputes Settlement And Appellate Tribunal · Decided on 12 October 2021 · Citation: (2021) 10 TDSAT CK 0022

HON’BLE JUDGES
Shiva Kirti Singh, Chairperson · Subodh Kumar Gupta, Member
CASE NUMBER
Broadcasting Petition No. 147 Of 2019
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Judgment

4 paragraphs · 379 words

Heard learned counsel for the petitioner and learned counsel for the respondent.  Today's hearing is for passing appropriate orders for a just and proper interim arrangement.  This hearing will be treated as continuation of hearing held on 27.9.2021 which is reflected by the order passed on that date.

So far as demand 'A' is concerned, as indicated in the last order which may be treated as part of this order, the prima facie view in favour of the petitioner in respect of Rs. 1.05 Crores should not be confined only Rs. 50 Lakhs out of said amount which has been paid to the petitioner as per interim order passed on 3.2.2020.  The balance of Rs. 55 Lakhs has remained with the respondent for a long period because the matter could not be taken up in March, 2020 because of COVID-19.  Considering the entire facts and circumstances and delay in taking up the matter, which has worked against the petitioner, the respondent is directed to pay Rs. 55 Lakhs, the unpaid part of demand ''A" at the earliest and in any case within four weeks.  This payment shall be on account and subject to final result of this petition.

So far as demand "B" is concerned there is a small difference between the parties.  According to the petitioner, this demand is admitted for the period till January, 2020 whereas stand of the respondent is that in the light of order of this Tribunal against the petitioner in B.P. No. 615 of 2020, this demand should be confined only till November, 2019.  The difference for the two months is not very substantial and hence on this head, the respondent is directed to pay not the entire demand of Rs. 26.69 Lakhs approximately but only Rs. 25 Lakhs at this stage.  That amount is also in arrears and therefore should be paid to the petitioner within two months from today.  This disposes off the M.A. No. 47 of 2021 which was filed by the petitioner to take up and decide the interim arrangement by passing appropriate orders. The remaining issues shall be considered at the time of hearing.

Post the matter before the Court of Registrar on 9.12.2021 for passing necessary orders and directions to make the petition ready for early hearing.