Delhi High Court - Orders
Information Tv Private Limited vs Telecom Disputes Settlement And ... on 29 March, 2023
Author: Prathiba M. Singh
Bench: Prathiba M. Singh
$~39
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 4064/2023 and CM APPL. 15869/2023, 15870/2023
INFORMATION TV PRIVATE LIMITED ..... Petitioner
Through: Mr. Shyam D Nandan and Mr. Aman
Thukral, Advocates. (M:
9891602513)
versus
TELECOM DISPUTES SETTLEMENT AND APPELLATE
TRIBUNAL & ANR. ..... Respondents
Through: None.
CORAM:
JUSTICE PRATHIBA M. SINGH
ORDER
% 29.03.2023
1. This hearing has been done through hybrid mode. CM APPL. 15870/2023 (for exemption)
2. Allowed, subject to all just exceptions. Application is disposed of. W.P.(C) 4064/2023 & CM APPL. 15869/2023 (for stay)
3. By this petition the Petitioner challenges the order dated 21st March, 2023 passed by the TDSAT in Broadcasting Petition/313/2019 titled GTPL Hathway Ltd. v. Information TV Pvt. Ltd. By way of the impugned order the TDSAT has directed that if the admitted amount of Rs. 183 lakhs is not paid by the Petitioner on or before 29th March, 2023, the electricity of the Petitioner shall be disconnected and the Director of the Petitioner would appear before TDSAT on 11th April, 2023.
4. Ld. counsel for the Petitioner submits that TDSAT does not enjoy the powers to pass such directions which are coercive in nature and would have to proceed in accordance with the statute.
5. The Court notes that as per the impugned order dated 21st March, Signature Not Verified Digitally Signed By:DEVANSHU JOSHI Signing Date:31.03.2023 13:21 2023, the Petitioner and the Respondent had entered into a settlement and the amount which is due is also admitted. The impugned order of the TDSAT reads as under:
"Counsel appearing for the petitioner submitted that despite the sizable amount is due and payable by the respondent, they are always avoiding the payment of the dues.
It is further submitted by the counsel for the petitioner that the respondent has agreed the dues of Rs.7.4 crore as per affidavit filed on behalf of the petitioner out of which the respondent has made the payment of Rs.3,73,76,542/- and the balance amount yet to be paid by the respondent is Rs.3,66,49,219/-. This calculation has been given in paragraph no.4 of the affidavit filed by the petitioner. It is further submitted by the counsel for the petitioner that under the new agreement between the parties to this litigation, there is a further amount due and payable by the respondent which is Rs.91,66,667/- and, therefore, total comes to Rs.4,58,15,886/-. Counsel appearing for the respondent submitted that they have no dispute at all about the outstanding amount Rs.3,66,49,219/-. It is submitted by the counsel for the respondent that they have no instructions for the amount payable by the respondent at Rs.91,66,667/- since it is not part of the petition. The respondent is ready and willing to make the payment of Rs. 3,66,49,219/- in eight equal monthly instalments, starting from 10.4.2023 and 15 lakhs, they are ready to make the payment on or before 31.3.2023.
The aforesaid offer is objected by the petitioner and it is submitted by the counsel for the petitioner that let the respondent deposit half the amount before 31.3.2023 and remaining amount in two instalments. Looking to the facts of the case, prima facie, it appears that respondent is deliberately avoiding the payment of Signature Not Verified Digitally Signed By:DEVANSHU JOSHI Signing Date:31.03.2023 13:21 legally payable dues to the petitioner. Having heard the counsels from both the sides and looking to the fact that the respondent is not disputing the legally payable amount to the petitioner at least of Rs.3,66,49,219/-, this amount is due and payable as per paragraph-4 of affidavit filed by the petitioner from June 2022 to May 2023. The aforesaid amount of Rs.3,66,49,219/- was due for the period of 19.05.2019 onwards.
xxxxx If the amount stated hereinabove i.e. Rs.183 lakhs is not paid on or before 29.3.2023, we hereby direct BSES Yamuna Rajdhani Limited to disconnect the supply of electricity of the respondent's office premises i.e. Information Tv Pvt Ltd Having Its Registered Office At B-116, Ground Floor, Okhla Industrial Area Phase-1, New Delhi-110020 with effect from 30.03.2023.
If the aforesaid amount of Rs.183 lakhs is not paid on or before 29.03.2023 we hereby direct that Mr. Intizar Ali who is the Director of the respondent, shall remain personally present before this Tribunal on next date of hearing at 11.00 A.M. We also hereby direct that Mr. Rakesh Sharma who is one of the directors of the respondent shall remain personally present before this Tribunal on next date of hearing at 11.00 A.M."
6. A perusal of the above would show that the Petitioner herein admits that the sum of Rs.3,66,49,219/- is due. It is the submission of the ld. Counsel that the Petitioner had offered to make the said payment in eight monthly instalments starting from 10th April, 2023. However, the TDSAT has not accepted the said proposal and has in fact directed payment of a substantial sum by 29th March, 2023 along with coercive measures.
7. Considering the nature of the order which has been passed by the Signature Not Verified Digitally Signed By:DEVANSHU JOSHI Signing Date:31.03.2023 13:21 TDSAT, the petition, along with all pending applications is disposed of with the direction that if the Petitioner shows its bona fides and pays a sum of at least Rs.1 crore by 10th April, 2023, to the Respondent No.2 herein, the Petitioner is free to move an application before TDSAT seeking recall of the directions passed in the operative portion of the order dated 21st March, 2023. The matter shall then be considered by TDSAT on the next date i.e, 11th April 2023. If the payment of the said amount is not made by 10th April 2023, the order of the TDSAT dated 21st March 2023, shall come into operation.
8. With these observations, the present petition, along with all pending applications is disposed of leaving the questions of law open, to be considered in an appropriate matter.
9. The above arrangement shall be without prejudice to the rights and contentions of the parties.
PRATHIBA M. SINGH, J.
MARCH 29, 2023 dj/sk Signature Not Verified Digitally Signed By:DEVANSHU JOSHI Signing Date:31.03.2023 13:21