MUTHOOT BROADCASTING PVT. LTD. Vs. UNION OF INDIA AND ORS.
TELECOM DISPUTES SETTLEMENT AND APPELLATE TRIBUNAL
Muthoot Broadcasting Pvt. Ltd.
Union of India And Ors.
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Kuldip Singh, Member -
(1.) THE dispute in the present petition is with regard to the rentals charged by respondent No. 2 for the land licensed to the petitioner for Common Transmission Infrastructure (CTI) at Avadi, Chennai. The petitioner has also sought adjustments for the past periods during which the payments have already been made including the payments made twice over.
Facts of the Case
(2.) THE petitioner, M/s Muthoot Broadcasting Pvt. Ltd.(MBPL) is a company registered under the Companies Act, 1956 and is a part and parcel of a group of companies known as "Muthoot Group". The predecessor -in -interest of the petitioner is another incorporated company known as Muthoot Finance Limited (MFL)(hereinafter also referred to as "the licensee"), who had participated in the phase -II of auctions of FM License, which was conducted by respondent No. 1, Ministry of Information and Broadcasting, Union of India. The licensee was successful in Chennai city FM tender and was accordingly, allotted spectrum in the band 104.8 MHz. It entered into a Grant of Permission Agreement (GOPA) with respondent No. 1 to operate a FM station in Chennai on 5.1.2007. It then set up an FM radio station in the City of Chennai popularly known as "Chennai Live @ 104.8 FM.
(3.) SUBSEQUENTLY , Muthoot Finance Limited ("the licensee") demerged the FM business from its portfolio and handed over the same to the petitioner company namely, M/s Muthoot Broadcasting Pvt. Ltd. (MBPL) in terms of the judgment of Hon'ble High Court of Kerala dated 9.4.2010 in C.P. No. 5 of 2010.;
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