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 Number | Broadcasting Petition No. 581/582 of 2016 With M.A. 52/53 of 2017 |
| Counsel | For Appellant: Mr. U. Thakur, Advocate and Mr. Kunal Vats, Advocate and For Respondents: Mr. Nasir Husain, Advocate |
| Judges | Mr. B.B. Srivastava, Member and Mr. A.K. Bhargava, Member |
| Issue | Code of Civil Procedure (CPC) - Section 151 |
| Judgement Date | Monday May 15, 2017 |
| Court | TDSAT (Telecom Disputes Settlement & Appellate Tribunal) |
Order:
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...
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