Subhodaya Digital Entertainment Pvt. Ltd vs Star India Pvt Ltd

This Petition has been preferred challenging the notice of disconnection of the supply of signals by the respondent who is a Broadcaster as sizeable is yet to be paid by the petitioner to the respondent, the details, whereof has been given in the notice which is at annexure P-2 dated 13.6.2023.

As per the notice issued by the respondent which is at annexure P-2 the amount due and payable by the petitioner to the respondent up to the end of May,2023 is at Rs.2,03,54,903/-.

Counsel for the petitioner has taken this Tribunal to the various paragraphs of the petition including paragraph nos.8 & 9 to be read with annexures annexed with the memo of this petition and submitted that sizeable amount of incentive is yet to be recovered by the petitioner from the respondent for which proper notice shall be issued in due course of time. But the amount of incentive is approximately Rs.50 Lakhs.

It is further submitted by the counsel for the petitioner that in paragraph no.9 of the memo of the petition, the payment schedule has been mentioned by the petitioner and this petitioner has already made payment of Rs.45 Lakhs after filling of this Petition. For the remaining amount, it is assured by the petitioner that they will also clear the bill of May,2023 by 07.08.2023.

Counsel for the respondent has objected the modus operandi of the petitioner to approach this Tribunal time and again for the invoices issued by the respondent and the disconnection notice issued by the respondent.

It is also submitted by the counsel for the respondent that previously also Broadcasting Petition No.32/2023 was preferred by the very same petitioner for the non-payment of the dues by the petitioner for the earlier period and payment schedule was given by this Tribunal vide order dated 08.02.2023 in the earlier Broadcasting Petition preferred by this petitioner bearing Broadcasting Petition No.32/2023.

Similarly, modus operandi of this petitioner i.e. not to make the payment in time as per the agreement between the parties and to allow the amount of dues to be accumulated and thereafter to approach this Tribunal and then to get liberal payment schedule.

It is also submitted by the counsel for the respondent that infect, as per the agreement between the parties to this litigation within 15 days after raising invoice by the respondent for the monthly subscription, the payment has to be made by the petitioner and, therefore, no stay may kindly be granted.

Having heard counsels for both the sides and looking to the facts and circumstances of the present case and also looking to the paragraph 9 of the memo of this petition and also looking to the fact that Rs.45 Lakhs have already been paid by this Tribunal after filling of this Petition, we hereby stay the operation, implementation and execution of the disconnection notice dated 13.06.2023 (annexure P-2 to the memo of this petition) subject to the payment schedule as mentioned in paragraph no.9 of the memo of the petition with the modification to the effect that the bill of the month of May,2023 shall be paid by the petitioner on or before 31.07.2023, Rs.25 Lakhs will be paid by 15.07.2023 and Rs.24,67,107/- will be paid by the petitioner to the respondent by 30.07.2023. On this condition, the stay has been granted by this Tribunal.

We make it explicitly clear that in case of default in a payment by the petitioner, the respondent may disconnect the supply of the signals to the petitioner.

This matter is adjourned to 25.9.2023.