Subhodaya Digital Entertainment Pvt. Ltd vs Star India Pvt. Ltd.

Heard learned counsel for the petitioner and learned senior counsel for the respondent in respect of M A No. 118 of 2021 whereby petitioner has

brought on record a disconnection notice dated 24.5.2021 and two other documents. The prayer in the M.A is directed against the notice of

disconnection issued during the pendency of this petition, showing a total outstanding of Rs. 104 lakhs approximately on account of invoices which

include the months of March and April 2021.

Learned counsel for the petitioner has submitted that subsequent to the notice, petitioner has paid Rs. 36 lakhs and has further claimed incentive for

two months amounting to Rs. 18.78 lakhs approximately.  The petitioner wants further deduction from the balance outstanding of Rs. 50 lakhs on

the ground that it is being charged at a higher rate for a particular bouquet although the said bouquet has been made available to some other MSO at a

lesser rate.

Mr. Maninder Singh, learned senior counsel for the respondent has raised serious objection to any deduction by the petitioner on the plea of being

charged at a higher rate when the rate has been applied on the basis of agreement between the parties. He has submitted that this Tribunal has not

granted interim relief on the aforesaid plea for which the petition was initially filed and the reply could not be filed because petitioner has filed

additional affidavit quite belatedly on 7.6.2021.

For the purpose of an interim arrangement, the petitioner is presently held liable to pay a further amount of Rs. 50 lakhs approximately for meeting the

outstanding for the months upto April 2021. Ordinarily, it should have paid the said amount by now but considering a plea of equity and the

pandemic, petitioner is granted indulgence of paying Rs. 25 lakhs within seven days from today and the balance Rs. 25 lakhs approximately within

four weeks from today. If this direction is complied, then the respondent shall not give effect to the disconnection notice until further orders.Â

However, it is clarified that this interim protection is not with respect to current invoices which may be raised and become payable for subsequent

months including for May 2021.

Now the respondent is granted three weeks' time for filing a comprehensive reply to cover the main petition as well as affidavit and the MA.Â

Rejoinder, if required, may be filed by the next date.

Post the matter under the head ""For Orders"" on 12.7.2021.