HIM MOHINI COMMUNICATION PVT LTD A COMPANY INCORPORATED UNDER THE INDIAN COMPANIES ACT 1956 THROUGH SHRI HARVINDER SINGH LORD Vs. STAR INDIA PVT LTD

JUDGEMENT

(1.) THE principal prayer in this Petition is for a restraint order against the Respondent from, in any manner, disrupting or disconnecting the supply of signals to the Petitioner. THE other prayers are only incidental. THE principal prayer is based on the ground that the Petitioner was receiving signals from the Respondent on reasonable terms without any completed agreement but the Respondent/broadcaster started demanding unreasonable subscription, which the Petitioner was not willing to pay. THErefore, the Respondent has issued a notice of disconnection on 19.10.2005 on the ground of arrears of subscription, the quantum of which the Petitioner has disputed. THE Petitioner submits that in the month of June, 2005, the Respondent got a blank printed agreement form signed from it and no copy of the same was given to the Petitioner. THE Petitioner further contends that at the time of signing the blank agreement form the Respondent had agreed to provide package of Bouquet-II free of cost on promotional basis. Subsequently, as stated above, the Petitioner has made some unreasonable demands claiming huge sums of subscription, now shown as arrears, hence the Petitioner has sought for relief against disconnection of signals.

(2.) In the reply, the Respondent contends that the contention that there is no completed agreement between the parties is wholly incorrect. On the contrary, a subscription agreement was signed between the parties on 1st February, 2006 w.e.f. the said date up to 31st December, 2006. It is submitted that as per the said agreement, the Petitioner had agreed to pay a subscription for Bouquet-I at the rate of Rs.30 per subscriber on a subscriber base of 30,333 totaling a monthly subscription of Rs.9,09,900 for the Bouquet-I while for the Bouquet-II the Petitioner had agreed to pay at the rate of Rs.22 per subscriber on a subscriber base of 18,200 totaling to a monthly subscription of Rs.4,00,400. The payment was to be made by 15th of every month. The Respondent has submitted that the relevant part of the said agreement has been registered with the Authority, as required under the Register of Interconnect Regulation. The Respondent has submitted that since the Petitioner has failed to pay the subscription amount in full, it was compelled to issue notice for disconnection, as required under the said Regulations. It is further submitted that the agreement between the parties having come to an end on 31st December, 2005, the Petitioner has no right to continue to receive the signals by virtue of an interim order made by this Tribunal. It has also submitted that the Petitioner has not entered into a fresh agreement, hence the Petitioner is not entitled to any relief in this petition. Apart from the same, it is also submitted on behalf of the Respondent that the sole prayer in the petition has become infructuous with the lapse of time, hence no relief can be granted in this petition.

(3.) SINCE we have heard the parties on all the issues that have been raised in this petition, we think it appropriate to dispose of the petition on merits rather than technicalities. Therefore, we considered the following issue:-