jattpunjabi
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TELECOM DISPUTES SETTLEMENT & APPELLATE TRIBUNAL
NEW DELHI
Dated: 30/05/2018
BROADCASTING PETITION/175/2018
Petitioner Name: INDEPENDENT TV LTD
VersusRespondent Name: ANTRIX CORPORATION LTD & ANR
BEFORE HON'BLE MR. JUSTICE SHIVA KIRTI SINGH ,CHAIRPERSON
HON'BLE MR. A.K. BHARGAVA ,MEMBER
Heard the parties.
The interim arrangement as ordered by this Tribunal on the last date i.e. 23rd April, 2018 could not last long. Petitioner was granted signals as it had cleared the arrears on 24.4.2018 itself but it failed to arrange and pay on account one month’s charges as security. This was required to be done within a week of restoration of signals. Hence petitioner suffered another disconnection of signals on 4th May, 2018.
There is no dispute that Rs. 4.75 crores is the monthly charge, inclusive of taxes and against that amount petitioner could pay only Rs. 50 lakhs on or about 25.4.2018. Now the petitioner is desirous of another interim arrangement so that it may get the signals restored after clearing the outstanding arrears for the period ending 4th May, 2018. Towards the arrears and advance, petitioner has come ready with two demand drafts totalling Rs. 1.50 crores. Since it has already deposited Rs. 50 lakhs earlier, after meeting its liability towards arrears, approx. Rs. 50 lakhs would be left towards advance. As per earlier terms, petitioner has to arrange and pay on account one month’s charges as security. So it will have to arrange and pay further amount of Rs. 4.25 crores approx. Petitioner wants the facility and liberty of depositing this amount towards security in weekly instalments of Rs. 1 crores and as the first instalment , it agrees to pay Rs. 1 crore within one week of restoration of signals.
The earlier interim order dated 23.4.2018 will continue to govern the parties subject to modifications as being ordered today. Under our permission petitioner has handed over two demand drafts amounting to Rs. 1.50 crores to learned counsel for the respondent just now.
Since the arrear are now taken care of and Rs. 50 lakhs is also available with the respondent towards security, let the signals be restored to the petitioner at the earliest, preferably within 48 hours. This is on the understanding that petitioner shall deposit the balance amount towards security by way of weekly instalments of Rs. 1 crore each so as to complete the deposit of security amount of one month charges within four weeks from the date of restoration of signals.
It is made clear that if the petitioner fails to deposit any of the instalments within the time indicated, respondent no. 1 would have the liberty to discontinue the supply of signals. In the last instalment towards advance deposit, petitioner would be entitled to make necessary deductions /adjustments so as to meet the tax liability.
Post the matter under the same head on 16.7.2018.
Order dasti.
( S.K.SINGH)
CHAIRPERSON
( A.K. BHARGAVA)
MEMBER
NEW DELHI
Dated: 30/05/2018
BROADCASTING PETITION/175/2018
Petitioner Name: INDEPENDENT TV LTD
VersusRespondent Name: ANTRIX CORPORATION LTD & ANR
BEFORE HON'BLE MR. JUSTICE SHIVA KIRTI SINGH ,CHAIRPERSON
HON'BLE MR. A.K. BHARGAVA ,MEMBER
Heard the parties.
The interim arrangement as ordered by this Tribunal on the last date i.e. 23rd April, 2018 could not last long. Petitioner was granted signals as it had cleared the arrears on 24.4.2018 itself but it failed to arrange and pay on account one month’s charges as security. This was required to be done within a week of restoration of signals. Hence petitioner suffered another disconnection of signals on 4th May, 2018.
There is no dispute that Rs. 4.75 crores is the monthly charge, inclusive of taxes and against that amount petitioner could pay only Rs. 50 lakhs on or about 25.4.2018. Now the petitioner is desirous of another interim arrangement so that it may get the signals restored after clearing the outstanding arrears for the period ending 4th May, 2018. Towards the arrears and advance, petitioner has come ready with two demand drafts totalling Rs. 1.50 crores. Since it has already deposited Rs. 50 lakhs earlier, after meeting its liability towards arrears, approx. Rs. 50 lakhs would be left towards advance. As per earlier terms, petitioner has to arrange and pay on account one month’s charges as security. So it will have to arrange and pay further amount of Rs. 4.25 crores approx. Petitioner wants the facility and liberty of depositing this amount towards security in weekly instalments of Rs. 1 crores and as the first instalment , it agrees to pay Rs. 1 crore within one week of restoration of signals.
The earlier interim order dated 23.4.2018 will continue to govern the parties subject to modifications as being ordered today. Under our permission petitioner has handed over two demand drafts amounting to Rs. 1.50 crores to learned counsel for the respondent just now.
Since the arrear are now taken care of and Rs. 50 lakhs is also available with the respondent towards security, let the signals be restored to the petitioner at the earliest, preferably within 48 hours. This is on the understanding that petitioner shall deposit the balance amount towards security by way of weekly instalments of Rs. 1 crore each so as to complete the deposit of security amount of one month charges within four weeks from the date of restoration of signals.
It is made clear that if the petitioner fails to deposit any of the instalments within the time indicated, respondent no. 1 would have the liberty to discontinue the supply of signals. In the last instalment towards advance deposit, petitioner would be entitled to make necessary deductions /adjustments so as to meet the tax liability.
Post the matter under the same head on 16.7.2018.
Order dasti.
( S.K.SINGH)
CHAIRPERSON
( A.K. BHARGAVA)
MEMBER
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