Tribunals and CommissionsDivision Bench

Ucn Cable Network Pvt Ltd vs Information Tv Pvt Ltd

Telecom Disputes Settlement And Appellate Tribunal · Decided on 12 July 2023 · Citation: (2023) 07 TDSAT CK 0020

HON’BLE JUDGES
Dhirubhai Naranbhai Patel, Chairperson · Subodh Kumar Gupta, Member
CASE NUMBER
E A No. 3 Of 2023 In Broadcasting Petition No. 459 Of 2018
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Judgment

50 paragraphs · 606 words
1.

We have heard counsel appearing for the Decree Holder. Nobody appears for the Judgment Debtor. It is submitted by the counsel for the Decree Holder that in Broadcasting Petition No. 459/2018 matter was sent to the Mediation Centre of this Tribunal. The mediation process had taken place and an amicable settlement was arrived at between the parties to this litigation which is reduced in writing. The Mediation report is dated 3.4.2019 which is at annexure-A to the memo of this Execution Application.

2.

It is further submitted by the counsel for the Decree Holder that as per terms of settlement, the respondent-Judgment Debtor was to make the payment in twelve instalments, the total amount of Rs.1,39,40,678/-.

3.

It is further submitted by the counsel for the Decree Holder that last three instalments have not been paid by the Judgment Debtor and the total amount which is to be recovered by this Decree Holder is at Rs.34,66,340/-.

4.

It is further submitted by the counsel for the Decree Holder that as per Page nos.18 and 19 of the memo of this Execution Application three Bank Accounts details given by the Judgment Debtor and narration of one property which is owned by the Judgment Debtor have also been mentioned.

5.

It is further submitted by the counsel for the Decree Holder that let these Bank Accounts be not allowed to be operative by the respondent for withdrawal of the money and the property which has been narrated at page no.19 to the memo of this Execution Application be not allowed to be transferred in any form without prior permission of this Court.

6.

Having heard the counsel for the Decree Holder and looking to the facts and circumstances of the case, we hereby restrain these Banks whose details are as under: -

Bank Accounts Details

a. BANK: Punjab National Bank BRANCH: New Delhi Okhla ACCOUNT NO.: 0602002100316869 IFSC CODE: PUNB0060200

b. BANK: Punjab National Bank BRANCH: New Delhi Okhla ACCOUNT NO.: 0602002100315815 IFSC CODE: PUNB0060200

c. BANK: Punjab National Bank BRANCH: Model Town, Ambala ACCOUNT NO.: 0521002100025745 IFSC CODE: PUNB0052100

from allowing the Respondent-Judgment Debtor to withdraw any amount without prior permission of this Tribunal.

7.

We also restrain the Respondent-Judgment Debtor to sell, mortgage, lease, sub-lease or gift or otherwise alienate or transfer the property mentioned at Page no.19 without prior permission of this Tribunal. The details of said property reads as under :-

“2. Immovable Properties

a. Land measuring 11.60 acres situated at Village Kanwala, Sector - 27, Ambala City, Haryana, which  is owned by the Judgment Debtor”.

8.

We also hereby issue Bailable Warrant in the sum of Rs.5 Lakhs upon each of the Directors of the respondent whose details are as under: -

HEADING

PARTICULARS

Name of the Police Station

Shreeniwaspuri Police Station

Address of P.S along with Phone Number

SHO, Police Station

Shreeniwaspuri,

South Distt., New

Delhi-110065

Name &  Designation of Officer in Charge of P.S.

The Inspector of Police,

Shreeniwaspuri Police Station

Contact Details of the Officer in charge of P.S.

011-26822699,

011-23016047,

011-26830750

Address of Individual(s) upon whom the notice is to be served

1.

Mr. Rakesh Sharma

DIN : 01423362

2.

Mr. Intzar Ali

DIN : 08281505

Address:

276, Media House,

Capt. Gaur Marg,

Sriniwaspuri, Okhla,

New Delhi - 110065

Also At:

B-116, Ground Floor,

Okhla Industrial Area Phase-1,

New Delhi-110020

Also At:

1121-A, 11th Floor, Devika Tower-6, Nehru Place, Above Main Road,

New Delhi – 110019

9.

We also direct the aforesaid Directors of the respondent to remain personally present before this Tribunal on next date of hearing at 11 AM.

10.

The matter is adjourned to 10.11.2023.