11974W/2013 on 26 April, 2013

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Calcutta High Court (Appellete Side)

11974W/2013 on 26 April, 2013

Bench: Dipankar Datta

                                         1


26.04.2013
Item No.33
    SB

                               CAN 4256 of 2013
                                       In
                              W.P. 11974 (W) of 2013


                Mr. S. N. Mookherjee,
                Mr. R. Bhattacharya,
                Mr. S. K. Bajoria,
                Mr. K. Chatterjee,
                Ms. M. Sarkar...........for the petitioners.

                Mr. R. Lall..............for the respondents.

I have heard Mr. Mookherjee, learned senior counsel for the petitioners and Mr. Lall, learned advocate for the respondents. While the petitioners claim that they owe Rs.16 crores to the respondents, the latter says that its dues are in excess of Rs.35 crores. Considering the fact that the license is due to expire within the next couple of days and that the petitioners have a remedy before the Telecom Dispute Settlement Appellate Tribunal (TDSAT), I dispose of the writ petition together with the application for vacating interim order with the following directions:

i) for a period of two weeks the licence to operate the FM channel shall stand extended unconditionally;

ii) within the said period of two weeks, the petitioners shall be obliged to pay a sum of Rs.18 crores. Payment and receipt thereof shall be without prejudice to the rights and contentions of the parties and in the event of such payment, the licence in favour of the petitioners to operate the F.M. channel shall stand extended for a period of six months from date of such payment;

iii) all disputes between the parties including those raised in the writ petition and the application as well as the amount which the petitioner would be liable to pay on account of arrear 2 licence fees shall be decided by the TDSAT, if an approach is made in this behalf by the petitioner;

iv) during the extended period of the licence, the respondent shall charge licence fees in accordance with Phase - II contract unless directed otherwise by the TDSAT.

Nothing contained in this order as well as pendency of proceedings before the TDSAT, if any, shall preclude the petitioners from approaching the respondents for settlement of the inter-se disputes.

There shall be no order as to costs.

Needless to observe, this order shall not be treated as a precedent.

Urgent photostat certified copy of this order, if applied for, be furnished to the parties as early as possible.

(DIPANKAR DATTA, J.)

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Calcutta High Court (Appellete Side)