TDSAT: Till What Duration Of Time The Subscription Provider Can Claim Money?

Must Read

Delhi HC: Mens Rea Essential Before Passing an Order U/S 14b of EPF Act

  In the matter of M/s Durable Doors and Windows v APFC, Gurugram, the bench allowed the Petitioner's appeal holding...

Delhi HC: Language of Statement and Testimony of Complainant Need Not Be Identical

A single-judge bench of J. Vibhu Bakhru of the Delhi High Court upheld the accused's conviction in Kailash @...

COVID Results Shall Be Conveyed To the Person Within 24 Hours: Delhi High Court

The order has come in a writ petition moved by Rakesh Malhotra. The Petitioner herein seeks to ramp up...

Delhi High Court Sets Aside the Order of the Trial Court in the Chief Secretary Assault Case

In the case of Mr. Arvind Kejriwal & Anr. V. State NCT of Delhi, Mr.Justice Suresh Kumar Kait has...

Delhi High Court Temporarily Restrains Vintage Moments’ Alcohol Sale in Case of Trademark Infringement

The manufacturers of the Alcohol Brand Magic Moments had filed a suit. The Delhi High Court has passed an...

NGT Red-Flags Kaleshwaram Project: Green Clearance Violated the Law, Halt Work

Excerpt The National Green Tribunal (NGT), Principal Bench, dated 20th October 2020, directed the Telangana government to stop all work,...

Follow us

In the present case, India Cast Media Distribution (Petitioner) v. Mplex Networks Pvt. Ltd (Respondent), both parties entered into seven different agreements for seven different territories for the subscription for a certain amount of money which the respondent failed to pay to the petitioner. The Case of the petitioners is that they are entitled to the amount of money claimed in each of the petitions because there is no denying that parties were having an interconnect agreement during the relevant time; invoices were being raised as per subscription. As a result, to claim the outstanding dues, seven different petitions have been filed by the petitioner against the respondent as different contract took place between them for all the territories.

Arguments presented by the parties

The first defence taken by the respondent is that the agreements were terminated by the respondent for Hubli area on 5.11.2014 and for Rest of Karnataka (Rok) on 10.11.2014. To this plea, the petitioners gave a categorical answer that there was no indication that prior public notice of 20 days as required by the Regulations had been given by the respondent. The request for Hubli was accepted and deactivation of signals was done on 30.11.2014, for rest of the areas, there was the exchange of e-mails as evident from an e-mail dated 30.12.2014 and, therefore, deactivation had to be delayed and was effected on 8.1.2015. Therefore, the petitioner argued that their defence is without substance. The other defence raised by the respondent was that petitioners have omitted to consider and take into account a payment of Rs. 25 lakhs through two RTGSs dated 2nd and 9th July 2014, The petitioner claimed that the defence is dishonest because it has been well explained with the help of e-mails that payment of Rs. 25 lakhs was in respect of renewal of HCE agreement for the period 1.4.2014 to 31,3.2015 and was totally unconnected to the agreements which are subject matter of these petitions. E-mails of April, May and June 2014 clearly show that RTGSs transfers were made when a cheque for that amount was not presented on instructions of the respondent and the payments were for HCE agreements which as per rejoinder/MA related to the distribution of signals to certain commercial entities such as hotels. Therefore, the second defence of the respondent is out of substance.

Tribunal’s Ruling

The court in its order directed the respondent to pay the sum of Rs. 93,851.86 for the first petition, Rs. 619,775.13 for the second, Rs. 12,85,260.52 for third, Rs. 356,124.46 for fourth, Rs. 64,585.12 for fifth, Rs. 1,73,797.85 for sixth and Rs. 1,06,895,32 for seventh petition respectively within two months from today, failing which the petitions shall be entitled to realize the decretal amounts along with interest through appropriate execution proceeding. The petitioners have also claimed for interest @ 18% per annum. However, following recent judgments of the Tribunal in several similar petitions, interest is allowed but only @ 9% per annum for the period since the filing of the petitions, which will be treated to begin from April 2015 till the date of realization.

[googlepdf url=”http://libertatem.in/wp-content/uploads/2019/12/India_Cast_Media_Distribution_…_vs_Mplex_Networks_Pvt._Ltd_on_12_December_2019_watermark.pdf” download=”Download Judgement PDF” width=”100%” height=”900″]


Contribute stories like this and help us spread awareness for a better society. Submit Your Post Now. You can also join our Team of Courtroom and regularly contribute cases like the above one.

For more Courtroom Updates, check out our Courtroom Page

LEAVE A REPLY

Please enter your comment!
Please enter your name here

This site uses Akismet to reduce spam. Learn how your comment data is processed.

Latest News

Delhi HC: Mens Rea Essential Before Passing an Order U/S 14b of EPF Act

  In the matter of M/s Durable Doors and Windows v APFC, Gurugram, the bench allowed the Petitioner's appeal holding that mens rea is an...

Delhi HC: Language of Statement and Testimony of Complainant Need Not Be Identical

A single-judge bench of J. Vibhu Bakhru of the Delhi High Court upheld the accused's conviction in Kailash @ Balli v State. The bench...

COVID Results Shall Be Conveyed To the Person Within 24 Hours: Delhi High Court

The order has come in a writ petition moved by Rakesh Malhotra. The Petitioner herein seeks to ramp up testing facilities in Delhi.   Facts of...

Delhi High Court Sets Aside the Order of the Trial Court in the Chief Secretary Assault Case

In the case of Mr. Arvind Kejriwal & Anr. V. State NCT of Delhi, Mr.Justice Suresh Kumar Kait has set aside the 24.07.2019 Order...

Delhi High Court Temporarily Restrains Vintage Moments’ Alcohol Sale in Case of Trademark Infringement

The manufacturers of the Alcohol Brand Magic Moments had filed a suit. The Delhi High Court has passed an order restraining the manufacturing, marketing,...

NGT Red-Flags Kaleshwaram Project: Green Clearance Violated the Law, Halt Work

Excerpt The National Green Tribunal (NGT), Principal Bench, dated 20th October 2020, directed the Telangana government to stop all work, except the drinking water component...

There Can Be No Leniency Shown To Appellant Who Pleaded To Reduce Sentence: Delhi High Court

Facts On 25.2.2016 the victim’s sister who was 13 years old was present with her sister who was 2 years old (victim) at their home....

Violation of Executive Instructions Cannot Be Sole Ground to Invalidate Transfer Orders: Tripura High Court

In Dr Bithika Choudhury vs the State of Tripura & Ors., a Division Bench consisting of Hon’ble Justice S. Talapatra and Hon’ble Justice S.G. Chattopadhyay...

Case Regarding Anticipatory Bail, Applicant May Be Released Imposing Suitable Conditions: Gujarat High Court

A Single-Judge Bench of Gujarat High Court consisting of Honourable Dr Justice A.P. Thakur had been hearing submissions of the Applicant to release him...

Proof of Infliction of Fatal Injury Not Mandatory for Conviction Under Section 307, IPC: Tripura High Court

In the case of Mamin Miah vs the State of Tripura, a Division Bench consisting of Hon’ble Justice S. Talapatra and Hon’ble Justice S....

More Articles Like This

- Advertisement -