Telecom Disputes Settlement and Appellate Tribunal (TDSAT): Justice Shiva Kirti Singh (Chairperson) while allowing the petition directed the respondent to pay the decretal amount within six weeks of the order failing which the petitioner will be entitled to realize the amount through execution application.
Petitioner, Sony Pictures Network India Pvt. Ltd. is a private limited company. Its predecessor, MSM Media Distribution Pvt. Ltd. was an authorized agent of Sony Pictures Network India Pvt. Ltd (SPN) and TV Today Network Ltd. (TVT) to distribute their respective channels. There were two subsequent subscriptions for SPN. As per the first agreement, monthly subscription for SPN channels was approx Rs 1.16 lakh and for TVT channels it was Rs 2385. As per the second agreement, the monthly subscription for SPN was approx Rs 1.37 lakh and for TVT it was Rs. 2806, exclusive of taxes.
As per the Counsel of the petitioner Shashank Shekhar and Amandeep Singh, because of default of payments, the amount due became approx Rs 3.26 lakh. The demand by the petitioner was made as per rates disclosed in the agreements. The petitioner claimed the due amount with an 18% p.a. interest.
The present petition as per the petitioner is well within the limitation period.
Therefore, on analyzing the submissions of the petitioner (respondents had never replied) and supporting documents, the Court allowed the petition and decreed in favour of the petitioner of Rs 3, 26, 342 with interest at 8%. [Sony Pictures Network India (P) Ltd. v. Super Channels India (P) Ltd., 2019 SCC OnLine TDSAT 633, decided on 22-10-2019]
