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M/S. Hi-Tech Communications, A.P v. Sun 18 Media Services South Pvt. Ltd., Chennai .

Telecom Disputes Settlement And Appellate Tribunal
Jan 24, 2014

Heard Mr. Malhotra, counsel appearing for the respondent/applicant and Mr. Harsh Kaushik, learned counsel appearing for the petitioner.

Mr. Malhotra submitted that though the petitioner had paid a sum of Rs. 3 lakhs in pursuance of the interim order passed on November 11, 2013, it has stopped payment of the monthly subscription fees. In those circumstances, the respondent has filed the present M.A for permission to disconnect the supply of signals to the petitioner.

Mr. Kaushik submitted that in the invoices raised for the months of November & December, 2013 and January, 2014 there is a recurring sum of Rs. 34000/- which is under dispute. According to the petitioner, the aforesaid sum of Rs. 34000/- is related to the area of Chennor in regard to which the respondent has entered into an agreement with Madhu Entertainment Network and the petitioner was, therefore, not liable to pay the aforesaid amount related to that area.

Mr. Malhotra disputes the statement made on behalf of the petitioner with regard to the amount of Rs. 34000/- included in the invoices.

In any event the total invoices for each of the three months is above Rs. 4 lakhs and there was no justification to withhold payments of the invoices for the disputed amount of Rs. 34000/-.

In the aforesaid circumstances, in case the petitioner does not make payment for the three months by 28.02.2014, it will be open to the respondent to disconnect the signals supplied to the petitioner. It is further made clear that the petitioner is liable to make payments for the monthly subscription fees in accordance with law. The payment of the disputed amount of Rs. 34000/- that is changed for the past three months shall abide by the final outcome of the petition.

M.A No. 13 of 2014 is disposed of with the aforementioned directions.

The petitioner is allowed three weeks time from today to file an application seeking amendment in the main petition.

Put up under the heading “for directions” on 20.02.2014