MSM DISCOVERY PVT. LTD. Vs. SINGH CABLE NETWORK

JUDGEMENT

(1.) THIS is a petition for recovery of Rs. 2,80,630/ - (Rupees Two Lakh Eighty Thousand Six Hundred and Thirty Only) as dues of monthly subscription charges.

(2.) MSM Discovery Private Limited, the petitioner, is a Broadcaster and is engaged in the business of distribution of a number of television channels under the name of "The One Alliance" that includes channels, namely, SET, MAX, SAB, PIX, MIX, SIX, Aath, Animal Planet, AXN, Animax, Discovery Channel, Discovery Tamil, TLC, Discovery Science, Discovery Turbo, Discovery Kids, Aaj Tak, Headlines Today, TEZ, Neo Sports, Neo Prime, Zoom, Times Now, ET Now, Movies Now, etc. The respondent, Singh Cable Network - Churcha is a Multi System Operator, and it re -transmits the signals received from broadcasters, including the petitioner, to its associated Local Cable Operators (LCOs) and also to the ultimate subscribers.

(3.) ACCORDING to the petitioner, it entered into a Subscription Agreement with the respondent by which the respondent was authorized to re -transmit the petitioner's channels. The agreement was executed on 06.07.2012 but it was made effective from 01.01.2012 to 31.12.2012. Under the agreement the respondent was liable to pay the monthly subscription of Rs. 37,285/ - (exclusive of taxes) as consideration for the right to re -transmit the petitioner's channels. On behalf of the respondent it is stated that the petitioner was irregular in payment of the monthly subscription fee and on many occasions defaulted on the monthly payments and as the result the dues accumulated to the sum as stated in the petition. The petitioner gave the disconnection notice under clause 4.1 on 01.10.2012 and the public notice of disconnection under clause 4.3 of the Interconnect regulations 27.10.2012. The public notices were published in Central Chronicle (in English) and Navbharat (in the regional language). The petitioner finally discontinued the supply of its signals to the petitioner for non -payment of it dues on 26.11.2012.