Telecom Disputes Settlement and Appellate Tribunal
SITI CABLE NETWORK LTD vs BALAJI CABLE TV NETWORK,ANDHRA PRADESH on 1 August 2023
TELECOM DISPUTES SETTLEMENT & APPELLATE TRIBUNAL
NEW DELHI
Dated 1st August 2023
Broadcasting Petition No. 180 of 2016
M/s Siti Cable Network Limited
…Petitioner
Vs.
M/s Show Time Cable Network & Anr.
…Respondents
Broadcasting Petition No. 181 of 2016
M/s Siti Cable Network Limited
…Petitioner
Vs.
M/s Balaji Cable TV Network & Anr.
…Respondents
Broadcasting Petition No. 186 of 2016
M/s Siti Cable Network Limited
…Petitioner
Vs.
M/s Rahul Cable TV Network & Anr.
…Respondents
Broadcasting Petition No. 191 of 2016
M/s Siti Cable Network Limited
…Petitioner
Vs.
M/s Sonali Cable TV Network & Anr.
…Respondents
Broadcasting Petition No. 201 of 2016
M/s Siti Cable Network Limited
…Petitioner
Vs.
M/s Yadav Cable Tv Network & Anr.
…Respondents
Broadcasting Petition No. 203 of 2016
M/s Siti Cable Network Limited
…Petitioner
Vs.
M/s Ankit Cable Tv Network & Anr.
…Respondents
BEFORE:
HON’BLE MR. JUSTICE RAM KRISHNA GAUTAM, MEMBER
For Petitioner
:
Ms. Ritwika Nanda, Advocate
Mr. Saurabh Bansal, Advocate
For Respondent No. 2
:
Mr. Nasir Husain, Advocate
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JUDGMENT
1. This bunch of six cases, including BP No. 180 of 2016, were consolidated together. Pleadings and evidences were led together, common arguments at the time of hearing, were advanced by learned counsel for both side. Matter and issue are one and common. The judgment in detail, in leading BP No. 180 of 2016 (Siti Cable Network Ltd. Vs. Show Time Cable Network and Anr) had been pronounced today. The facts and law have very well been discussed, except the arithmetic calculations with regard to amount towards outstanding subscription fees, and number of STBs and ancillary hardware, delivered to respondent no. 1, for installing at the premises of subscribers, for acting upon the Interconnect Agreement, entered in between, being different one, rest of the matters are one and common.
2. Hence, on the basis of logic, analysis of facts and law made in the leading judgment of BP No.180 of 2016, the subsequent connected petitions on the same reasoning and logic are being, allowed with following order, - tabulated below :
BP No.
Particulars Amount (Rs.) BP No. 181/2016 - Outstanding subscription charges Rs. 60,776/-
STBs/ Amount in lieu of 114/ Rs. 1,97,448/- BP No. 186/2016 - Outstanding subscription charges Rs. 16,02,632/-
STBs/ Amount in lieu of 1277/ Rs. 22,11,764/- BP No. 191/2016 - Outstanding subscription charges Rs. 1,29,368/-
STBs/ Amount in lieu of 281/ Rs.4,86,692/- BP No. 201/2016 - Outstanding subscription charges Rs.2,77,138/-
STBs/ Amount in lieu of 114/ Rs.1,97,448/- BP No. 203/2016 - Outstanding subscription charges Rs.1,81,307/-
STBs/ Amount in lieu of 282/ Rs.4,88,424/-
ORDER
The judgment of leading BP no. 180 of 2016, which has been passed separately, shall be judgment for these petitions, except those arithmetic variations, which has been tabulated, as above. Petitions are being allowed with cost. Respondent no. 1, in remaining five consolidated petitions, is being directed to make compliance, by way of making deposit of outstanding subscription dues and either return of those STBs with ancillary hardware, or in case of failure to do so, making payment for them, in rest of the five petitions, within two months, from the date of judgment, for making payment to petitioner, as have been specified in above given tabulation. The above amount will carry interest @ 9% per annum, pendentelite and future, till actual payment. Formal order/decree be got prepared by office, accordingly.
….......……………… (Justice Ram Krishna Gautam) Member 01.08.2023 /NC/