HATHWAY CABLE AND DATACOM LTD. Vs. RAJ CABLE NETWORK

JUDGEMENT

(1.) THIS batch of petitions has been filed for recovery of subscription amounts payable for the channels of the petitioner subscribed by the respondents.

(2.) PETITIONER -Hathway Cable and Datacom Ltd. is a company incorporated under the provisions of the Companies Act, 1956 and primarily acts as a Multi System Operator (MSO). It is in the business of reception and distribution of satellite television, broadcast signals and other electronic signals to various distributors, franchisees, local cable operators (LCOs), etc. Respondents are proprietorship concerns as per details given below and are engaged as local cable operators (LCOs) : -

(3.) IT is the contention of the petitioner that respondents entered into an understanding/oral agreement with the petitioner for supply of signals of the petitioner on mutually negotiated price. In terms of this understanding/oral agreement, respondents were taking signals of various channels including Zee, Star, Neo etc. from the petitioner, who in turn, was raising invoices which were duly received by respondents without any protest or demur. However, against the invoices raised, respondents were making part payments only.