Tribunals and CommissionsDivision Bench

Zee Entertainment Enterprise Ltd vs Moon Network Pvt. Ltd.anr

Telecom Disputes Settlement And Appellate Tribunal · Decided on 26 July 2023 · Citation: (2023) 07 TDSAT CK 0064

HON’BLE JUDGES
Dhirubhai Naranbhai Patel, Chairperson · Subodh Kumar Gupta, Member
CASE NUMBER
R A No. 6 Of 2022 In Broadcasting Petition No.463 Of 2017 With Misc Application No. 294 Of 2022 With E A No. 4 Of 2022
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Judgment

23 paragraphs · 475 words
1.

Counsel appearing for the judgment debtor is seeking time as the arguing counsel is not available.

2.

Counsel appearing for the decree holder submits that the judgment and decree passed by this Tribunal 20.04.2022 in BP No. 463 of 2017 for the amount of Rs. 1,13,44,830/- along with interest at Rs. 90,13,079/-. The aforesaid amount has not been deposited by the judgment debtor. Counsel appearing for the decree holder submits that on page No. 5 of the memo of the Execution Application, the details of the Bank account and the details of the immovable property owned and operated by the judgment debtor has been mentioned and let there be a freezing order upon the bank account and so far as immovable property is concerned, the same may not be transferred to anyone else without permission of this Tribunal.

3.

In view of this submission we hereby direct HDFC bank, Branch,

Shop No. 3,4,11,

Ground Floor,

Block No. 17/2/4, Friends Plaza, Sanjay Plaza,

Agra, Uttar Pradesh – 282002

not to allow the respondent to withdraw any amount from

Account No. – 012120000110183

IFSC Code – HDFC000121

without prior permission of this Court.

4.

We also restrain the judgment debtor not to lease, sub lease, give on rent, gift, transfer or otherwise alienate the following property;

Hotel East Lite,

Shop No. 1/47,

Delhi Gate, Agra,

Uttar Pradesh - 282002

without prior permission of this Tribunal.

5.

We also hereby direct the respondent to place on record the last two Financial years' Income Tax Returns. It is submitted by the counsel for the decree holder that Review Petition has been preferred just for the sake of filing by the judgment debtor. Even today also the judgment debtor is not ready and willing to argue out the Review Application.

6.

We also hereby direct the judgment debtor to give the bank account of Hotel East Lite, Shop No. 1/47, Delhi Gate, Agra, Uttar Pradesh – 282002.

7.

We also hereby direct the judgment debtor to bring on record the last two years’ (financial years) Income Tax Returns of Hotel East Lite, Shop No. 1/47, Delhi Gate, Agra, Uttar Pradesh – 282002.

8.

We also hereby direct the judgment debtor, the directors thereof, to file an affidavit about the immovable property owned by the judgment debtor as well as by their directors and their spouses, along with their bank account details.

9.

Prima facie, it appears that judgment debtor is avoiding further hearing of the Execution Application and the Review Application also. We, therefore, impose a cost of Rs. 10,000/- which shall be deposited within two weeks from today through bank draft in the name of "TDSAT Employees Welfare Society". On this condition the next date of hearing is granted to this judgment debtor who has filed the present Review Application.

10.

This matter is, therefore, adjourned to 10.08.2023.