TELECOM DISPUTES SETTLEMENT & APPELLATE TRIBUNAL

NEW DELHI

 

DATED 28TH MAY, 2009

 

PETITION No.220(C) OF 2008

(M.A.No.50 of 2009)

 

Digital Outsourcing Pvt. Ltd. & Anr.                                                 … Petitioners

                     Versus

M/s Zee Turner Limited                                                                …Respondent

  

BEFORE:

 

HON’BLE MR.JUSTICE ARUN KUMAR, CHAIRPERSON    

HON'BLE MR. G. D. GAIHA, MEMBER

 

For Petitioner

:

Mr. Arun Kathpalia, Mr. Navin Chawla,

Mr. Tejveer Singh Bhatia, Advocates

 

For Respondent
(applicant in M.A.No.50 of 2009)

:

Mr. Yoginder Handoo,  Advocate with

Mr. Kunal Singh, Advocate for

Mrs. Prathiba M. Singh,, Advocate

 

ORDER

 

            We have heard the learned counsel for parties on M.A.No.50 of 2009.  According to counsel for applicant/respondent, a sum of approximately Rs.2.81 crores is due as on 31.5.2009 from the petitioner to the respondent.  The applicant, therefore, prays that in view of the failure of the petitioner to pay this large amount, the respondent should be relieved of its assurance given to the Tribunal regarding non disconnection of supply of signals to the petitioner.  In response to this, counsel for petitioner submits that the respondents group companies owe huge amount to the petitioner on account of carriage fee and the petitioner should be given credit for the same.  We are afraid that we cannot give credit for the amount towards carriage fee because the existing agreements between the parties provide that no such set off can been given and secondly the carriage fee amount is owed by not the respondent but group companies as alleged. 

 

 After taking consideration into all aspects in view, at this stage, we think that it will be appropriate to direct the petitioner to deposit with the respondent at least an amount of Rs.1.81 crore by or before 15.6.2009.  The counsel for the petitioner has handed over a cheque for Rs.50 lakhs to the counsel for the respondent which he accepts without prejudice.  The remaining amount as ordered by this Tribunal shall be paid by the petitioner to respondent by or before 15.6.2009. 

 

In view of this direction regarding payment, the assurance of the respondent not to disconnect, will continue till further orders.  It is also made clear that if the petitioner fails to make payment as directed above, the respondent will automatically stand relieved of this assurance.  The above direction regarding payment is independent of the liability of the petitioner regarding monthly payment as per the agreement which the petitioner will continue to make independently. 

 

            Parties may sit together to resolve any other issues including the issue regarding Kalyan area.

Reply to the main petition be filed within four weeks.  Rejoinder, if any, be filed within three weeks thereafter.  List for directions on 5.8.2009.

 

......................J

(Arun Kumar)

  Chairperson

 

 

…………….....

(G. D. Gaiha)

 Member