MEDIA PRO ENTERPRISE INDIA PVT. LTD. Vs. INDIAN SATELLITE SYSTEM

JUDGEMENT

(1.) PETITIONS in the above batch are for recovery of subscription amounts. The petitioner, M/s. Media Pro Enterprises India Pvt. Ltd., is a content aggregator and acts as an agent/distributor of various broadcasters. The respondents are Multi Systems Operators and subscribe to the signals/channels of the petitioner and in turn distribute the same to the subscribers.

(2.) THE case of the petitioner is that with effect from 01.7.2011, the petitioner has taken over distribution of the channels of M/s. Zee Turner Ltd. who have also authorized the petitioner to collect the outstanding dues on their behalf from the respondents. The respondents had entered into agreements with the M/s. Zee Turner as per the details given in Table 1. The petitioner has from time to time raised invoices on the respondents for payment of monthly subscription fee as well as the payment towards old outstanding dues. The respondents even after receiving the invoices, have failed to clear the outstanding dues.

(3.) THE petitioner has adduced evidence by way of affidavit of Mr. Amiya Ranjan Pati working as Deputy General Manager with the petitioner and has also produced the witness before the Tribunal for examination. The witness identified the subscription agreements between the parties as Exhibits PW1/1, copies of invoices as Exhibits PW1/2(Colly) and ledger accounts showing the outstanding payable by the respondents as Exhibits PW1/3(Colly).