MANTHAN BROADBAND SERVICES PVT LTD Vs. AKARSHAN CABLE TV NETWORK

JUDGEMENT

(1.) BY this petition, the petitioner has claimed a sum of Rs. 15,42,477/- as due on 31st July, 2007 alongwith interest @ 18% p.a. from the respondent No. 1 who is an affiliate of the petitioner. The petitioner has also prayed that the respondent No. 1 may be restrained from taking signals of TV channels from any other MSO/Broadcaster until it clears its dues owed to the petitioner.

(2.) The petitioner claims to be a Multi Service Operator (MSO) operating in the city of Kolkota. It receives signals of various free to air and pay channels from the broadcasters at its head end and, thereafter retransmits the same to the franchise cable operators affiliated to it for onward transmission to their respective subscribers.

(3.) AS can be seen from the above, there is no monthly subscription fee as a lump-sum amount which has been mentioned in the agreement. There is also no mention about the number of subscribers for which the subscription charges shall be taken as a consideration for providing the signals. The petitioner has, however, claimed that the transmission on TV channels to the respondent No. 1 shall be at a monthly subscription fee of Rs. 80,000/- plus the relevant taxes. The petitioner also claims to have raised regular monthly invoices on the respondent No. 1 seeking payment of monthly subscription amount after including service tax and educational cess. The contention of the petitioner is that the respondent No. 1 was totally irregular in making payment of the monthly subscription amount resulting in building up of an arrear of Rs. 15,42,477/- as on 31st July, 2007. In support of its contention a statement of account indicating the billed amount and the amount received since Sept, 2004 till July, 2007 has also been annexed alongwith the petition.