Broadcasting Petition No. 581/582 of 2016 With M.A. 52/53 of 2017. Case: Media Pro Enterprise India Pvt. Ltd. Vs GTPL Hathway Pvt. Ltd.. TDSAT (Telecom Disputes Settlement & Appellate Tribunal)

Case NumberBroadcasting Petition No. 581/582 of 2016 With M.A. 52/53 of 2017
CounselFor Appellant: Mr. U. Thakur, Advocate and Mr. Kunal Vats, Advocate and For Respondents: Mr. Nasir Husain, Advocate
JudgesMr. B.B. Srivastava, Member and Mr. A.K. Bhargava, Member
IssueCode of Civil Procedure (CPC) - Section 151
Judgement DateMay 15, 2017
CourtTDSAT (Telecom Disputes Settlement & Appellate Tribunal)


Miscellaneous Application Nos. 52 of 2017 (B.P. No. 581 of 2016) and miscellaneous application no. 53 of 2017 (B.P. No. 582 of 2016) have been filed by the respondent questioning the maintainability of the concerned broadcasting petitions under order 7 rule 11 read with Section 151 of the Code of Civil Procedure (CPC).

The two petitions have been filed by Media Pro Enterprises India Pvt. Ltd., a content aggregator acting as an agent/distributor of various broadcasters including inter alia M/s. Star Den Media Services Pvt. Ltd. and M/s. Zee Turner Ltd. The petitioner has pleaded that it started its business operations from 1st July, 2011 in respect of these two broadcasters and ceased distribution of their channels w.e.f. 1,4.2014.The respondents in B.P. No. 581 of 2016 are M/s. GTPL Hathway Pvt. Ltd. and GTPL Kolkata Cable and Broadband Pariseva Ltd.; and in B.P. No. 582 of 2016, GTPL Hathway Pvt. Ltd., GTPL V&S Cable Pvt. Ltd. and GTPL Kolkata Cable and Broadband Pariseva Ltd. The respondents are Multi System Operators (MSOs).

The petitioner in B.P. No. 581 of 2016 has prayed for order/decree in its favor and against the respondent for an amount of Rs. 2,18,30/569/-, the outstanding subscription fee for the DAS notified areas of Ahemdabad, Vadodara, Surat and Rajkot in the State of Gujarat; Nagpur, Pune and Shoiapur in the State of Maharashtra; Indore in the State of Madhya Pradesh; Patna in the State of Bihar, Ranchi in the State of Jharkhand and DAS phase -area of Kolkata in the State of West Bengal.

Similarly, the petitioners has prayed for a decree in its favor and against the respondent for an amount of Rs. 7,00,00,549/-; the outstanding subscription fee for areas as mentioned in paragraph A (page no. 9-10) of the petition; situated in the States of Gujarat, Maharashtra, Rajasthan, Goa, Jharkhand, Patna, Assam and West Bengal. In these areas the signals were being supplied in analogue mode. In addition, there is prayer for awarding interest @ 18% in favor of petitioner.

The petitioner in both the petitions has annexed copies of the agreements with the respondents as well as invoices and statements of account.

When both the petitions were taken up on 19.9.2016 they were directed to be listed on 20.9.2016 and on 20 this date the respondents were directed to file reply within three weeks followed by rejoinder within three weeks from the date of receipt of the copy of the reply. The matter was directed to be listed before the...

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