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Delhi High Court - Orders

Tj Cable Network vs Zee Entertainment Enterprises Ltd. & ... on 7 December, 2021

Author: Rekha Palli

Bench: Rekha Palli

                          $~86
                          *      IN THE HIGH COURT OF DELHI AT NEW DELHI
                          +      W.P.(C) 13714/2021 & CM APPL. 43329/2021 -Stay.
                                 TJ CABLE NETWORK                           ..... Petitioner
                                              Through            Mr. Himanshu and Mr. Shubham,
                                                                 Advs.

                                                    versus

                                 ZEE ENTERTAINMENT ENTERPRISES LTD.
                                 & ANR.                                ..... Respondents
                                              Through Mr. Kunal Tandon and Mr. Shashank
                                                      Shekhar, Advs.

                                 CORAM:
                                 HON'BLE MS. JUSTICE REKHA PALLI
                                         ORDER

% 07.12.2021

1. By way of the present petition, the petitioner seeks to assail the order dated 07.10.2021 passed by Telecom Disputes Settlement And Appellate Tribunal (TDSAT), New Delhi, in the petitioner's pending Broadcasting Petition bearing No.520/2020.

2. On the last date, after the matter was heard at some length, learned counsel for the parties were granted time to attempt an amicable settlement. Today, they jointly submit that out of the demand of Rs. 1,18,76,371, the petitioner has already paid a sum of Rs.40,78,090 and the balance amount payable to the petitioner is about Rs.78 lacs besides interest; it is agreed upon between the parties that the impugned disconnection notice dated 12.11.2021 will not be given effect to, subject to the petitioner paying 50 % of the said amount Signature Not Verified DigitallySigned By:GARIMA MADAN Signing Date:08.12.2021 17:46:10 i.e. sum of Rs.39 lacs to the respondent no.1 within a period of four weeks from today and the proprietor of the petitioner filing, within 3 weeks, an affidavit of understanding before this Court along with a copy of his last ITR stating therein that, in the event the petitioner fails before the TDSAT, it will, subject to its remedy of appeal, forthwith pay the balance amount of Rs.39 lacs to the respondent.

3. In the light of the aforesaid settlement arrived at between the parties, by which they will remain bound, the writ petition is disposed off by directing that subject to the petitioner abiding by the terms recorded hereinabove, the impugned disconnection notice will not be given effect to till a final decision is given in Broadcasting Petition no. 520/2020 pending before the TDSAT.

4. Needless to state that this interim arrangement would be subject to the outcome of the proceedings pending before the TDSAT

5. It is, however, made clear that in case the petitioner fails to abide by the aforesaid undertaking made before this Court, the respondents will be free to forthwith disconnect the signals of the channels, without giving any further notice to the petitioner.

REKHA PALLI, J DECEMBER 7, 2021 ms Signature Not Verified DigitallySigned By:GARIMA MADAN Signing Date:08.12.2021 17:46:10