Technobile System Pvt Ltd vs Trimurti International Network & Anr

Heard learned counsel for the decree holder in respect of EA Nos. 11,12 and 13 of 2019. Also heard Mr. Zafar, learned counsel for judgment

debtor in EA Nos. 11 and 12 of 2019.

Mr. Zafar has indicated in clear terms that he has not received instructions inspite of efforts from Shrishti Communication Networks represented by

Mr. Asit Kapoor in respect of EA No. 13 of 2019. No other person has appeared to represent the judgment debtor in EA No. 13 of 2019.

Mr. Sharath Sampath, learned counsel for decree holder submits that payments as required under the orders of this Tribunal for satisfaction of the

decree have been made by the judgment debtor in EA No. 11 of 2019 and substantially in EA No. 13 of 2019 as well.

There is said to be a small short fall of Rs. 4679/- in EA No. 13 of 2019. Additionally, as appears from the submissions including that of learned

Advocate Commissioner, Mr. Shashank Shekhar, Advocate after the judgment debtor apportioned the fees and costs payable to the Advocate

Commissioner, the same has been paid by the judgment debtor in EA Nos. 11 and 12 of 2019 but the amount of Rs. 51,979/- required to be

paid by Shrishti Communication Networks / Mr. Asit Kapoor in EA No. 13 of 2019 has not been paid as yet.

Mr. Sampath has further submitted that Manoranjan Cable TV Network, the judgment debtor in EA No. 12 of 2019 has yet not paid the entire amount

payable as per orders of this Tribunal and there is a short fall of Rs. 10,49,675.00.Â

Learned counsel for the judgement debtor submits on instructions that Manoranjan Cable TV Network is facing financial difficulties leading to the

shortfall but it is making all efforts to arrange the amount and pay to the petitioner at the earliest. He prays for two weeks' time for paying the

balance amount indicated above.

On the other hand, learned counsel for the decree holder presses for imposing liability of interest on the balance amount because the decree holder will

suffer further deprivation. On this issue, in the interest of justice and equity, one week’s time is granted to Manoranjan Cable TV Network to

pay the balance amount without the liability of interest but if the payment is not made within one week, it can pay the amount as per this order,

within two weeks but with additional liability of interest @ 9% p.a. for the entire period of delay counting from today.

So far as a short fall alleged against Shrishti Communication Network /Mr. Asit Kapoor in respect of decretal amount is concerned, the judgement

debtor is granted one week’s time to settle the accounts and compare the calculations with those of the decree holder and if there is a short fall

found in terms of orders of this Tribunal, the same should be paid within the said period of one week, otherwise, the stand of the judgement debtor

should be brought before this Tribunal through an affidavit for an appropriate decision and orders.

This Tribunal is concerned because of non payment of Rs. 51,979/- by way of fees and expenses by Shriti Communication / Mr. Asit Kapoor.Â

Although nobody appears on behalf of judgment debtor, from the submissions it is evident that the judgment debtor is aware of the whole issue and has

yet chosen not to make the payment of fees of the Learned Advocate Commissioner.  But before taking strict view and coercive action of

issue of Warrant etc., one week's time is granted to the judgment debtor for making payment of the aforesaid amount to the learned Advocate

Commissioner also. Learned Advocate Commissioner will be at liberty to file a short report of one page whether he has received this payment or

not. Â

In view of facts noted above, the execution proceeding in E.A. No. 11 of 2019 are closed on account of satisfaction of the decree and orders of

this Tribunal. E.A. No. 11 of 2019 is disposed of alongwith all the pending M.As., if any.

It is made clear that M.A. No. 29 of 2021 filed on 9.2.2021 on behalf of one Mr. Anil Kapoor seeking relief against attachment of a motor car in his

name bearing No. UP 32 DF 9495 is also allowed and disposed of in respect of proceedings in the context of E.A. No. 11 of 2019.

The interim order passed in E.A. No. 11 of 2019 designating the decree holder as a custodian of the STBs is no longer required. The decree

holder will be at liberty to treat the concerned STBs as its own property realised through execution.  It is clarified that attachment orders passed

in respect of E.A. No. 11 of 2019 have now merged into the final order and stand vacated so far as proceedings of E.A. No. 11 of 2019 is concerned.

E.A. No. 10 of 2019 against Trimurti International Network has to be considered in detail so as to pass suitable orders for satisfaction of the

decree in that case. M.A. No. 28 of 2021 has been filed in E.A. No. 10 of 2019. Mr. Sharath Sampath presses the same for release of certain

assets allegedly belonging to Mr. Anil Kapoor.    Notice is issued on that M.A also. The other side may file its reply by the next date.

Post E.A. Nos. 10,12, and 13 of 2019 for further consideration on 17.3.2021.