MEDIA PRO ENTERPRISE INDIA PVT. LTD. Vs. SKY LINK CABLE COMMUNICATIONS

JUDGEMENT

(1.) M /s. Media Pro Enterprise India Pvt. Ltd., the petitioner, is a Content Aggregator and a Distributor of TV channels. It has filed this petition against the respondent, Hubli Communication Network, which is a local cable operator for recovery of Rs. 33,22,312.98p as dues of monthly subscription fees as on 28 August 2012. The respondent did not appear despite service of notice and hence, the petition has proceeded against it ex parte.

(2.) ACCORDING to the petitioner, two subscription agreements were executed by the two sides on 11 January 2012. The first agreement was for the period 1 July 2012 to 10 January 2012, that is to say antecedent to the date of execution. The second agreement commenced from 11 January 2012 (i.e. after expiry of the period of the first agreement) and came to end on 31 March 2012. Under the first agreement, the monthly subscription fee payable by the respondent was Rs. 1,58,746.68p (excluding taxes) and under the second agreement, the subscription fee payable by the respondent was Rs. 2,40,942.05p (excluding taxes) per month.

(3.) IT is further stated that on 10 May 2012, the petitioner issued notice under clause 4.1 of the Telecommunication (Broadcasting & Cable Services) Interconnection Regulations, 2004 (hereinafter referred to as "Regulations") for non -payment of the outstanding dues which on that date amounted to Rs. 27,33,577/ -. The petitioner also issued notice under clause 4.3 of the Regulations on 13 May 2012 and finally deactivated the supply of signals to the respondent on 25 June 2012. It is alleged that as on 28 August 2012, the petitioner's dues against the respondent amounted to Rs. 33,22,312.98p, for recovery of which the present petition is filed.