TAJ TELEVISION (INDIA) PVT. LTD. Vs. USA CABLENET

JUDGEMENT

(1.) TAJ Television (India) Pvt. Limited, the petitioner, is a broadcaster/content aggregator and acts as a distributor of sports channels viz. Ten Sports, Ten Golf, Ten HD, Ten Action, and Ten Cricket. It has filed this petition, against the respondent, a Multi System Operator from whom the petitioner seeks recovery of money as dues of monthly subscription fees. The respondent did not appear despite service of notice. Hence, the petition was proceeded ex parte.

(2.) ACCORDING to the petitioner, it entered into a subscription agreement with the respondent on 1 April 2010 for supplying the signals of Zee Sports and Ten Sports on the fixed monthly subscription fee of Rs. 1,47,660.00. The subscription agreement was due to come to end on 31 March 2011. The petitioner supplied the signals to the respondent in terms of the agreement but the respondent defaulted in payment of the monthly subscription fees and as a result the dues accumulated to the sum of Rs. 6,19,036.00. The petitioner sent a demand notice to the respondent on 22 October 2013 but receiving no reply it issued the disconnection notices under clauses 4.1 and 4.3 of the Regulations on 19 November 2010 and finally disconnected the supply of the signals on 14 December 2010.

(3.) IN support of its claims, the petitioner examined one Sandeep Panwar as a witness in the case. Mr. Panwar is the authorized signatory of the petitioner company and works in the petitioner company as Assistant Vice -President (Legal). He duly proved the documents produced by the petitioner in support of its claims against the respondent.