Petition No. 103(C) of 2015. Case: Welcome Cable Network Pvt. Ltd. Vs Taj Television India Pvt. Ltd.. TDSAT (Telecom Disputes Settlement & Appellate Tribunal)

Case NumberPetition No. 103(C) of 2015
CounselFor Appellant: Vikram Singh, Advocate and For Respondents: Upender Thakur, Advocate
JudgesAftab Alam, J. (Chairperson) and Kuldip Singh, Member
IssueMedia and Communication Law
Judgement DateJuly 02, 2015
CourtTDSAT (Telecom Disputes Settlement & Appellate Tribunal)


  1. The petitioner is seeking renewal of its subscription agreement with the respondent for the sports channels of the respondent and a fresh agreement for its General Entertainment Channels (GEC).

  2. The petitioner is a MSO operating in the area of Greater Noida, UP. The respondent is a broadcaster.

  3. It is the case of the petitioner that it had earlier entered into a subscription agreement with the respondent for its sports channels in the year 2013. On 13.10.2014, the petitioner wrote a letter to the respondent requesting for renewal of the said agreement as well as signals of GEC channels. The present petition was filed under clause 3.2 of the Interconnect Regulations, 2004 on 3.3.2015 as the petitioner was unable to get the signals of the respondent. As per the petitioner, it has supplied all the relevant documents and is eligible for renewal of its agreement for sports channels as well as a fresh agreement for the GEC channels of the respondent.

  4. As per the respondent, the petitioner is a defaulter and therefore, not entitled to get the signals of the respondent in terms of Ist proviso of clause 3.2 of the Interconnect Regulations. As per the respondent, the petitioner alongwith its affiliated/associated networks namely, Neon News Pvt. Ltd., Vaishno Infocom Izynet, All in All Consultants Pvt. Ltd., Welcome Cable Network Pvt. Ltd. owes to it around Rs. 78,01,052/- as on 31.3.2015. The respondent refers to a Memorandum of Understanding (MOU) dated 31.10.2014 executed between the present petitioner and other entities having one common director namely, Mr. Kailash Gupta with Media Pro Enterprise India Pvt. Ltd., in terms of which the present petitioner has duly agreed and undertaken to clear the outstanding dues of approximately Rs. 39 lakhs upto 31.3.2014. It is further the case of the respondent that as per clause 4.15 of the duly executed agreement between the petitioner and Media Pro, the petitioner is required to clear the outstanding of its joint ventures/affiliated/associated/partner networks in different parts of cities/countries in DAS and non-DAS areas. As per respondent, in terms of this clause, the present petitioner is also liable to clear the total outstanding of its affiliated/associated networks, which has accumulated to the tune of Rs. 78,01,052/- as on 31.3.2015. In view of this outstanding, the present respondent has already issued disconnection notice under clause 4.1 of the Interconnect Regulations. The cheques issued by the present petitioner and its affiliates/associated network towards payment of outstanding subscription fees have also been dis-hounoured on presentation for encashment. The respondent also refers to letter dated 10.12.2014, sent by the petitioner, as per which it has transferred, sold, conveyed and assigned all their rights, title and interest in favour of one M/s...

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