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M/s. Kannileth Cable TV Network, Alleppey Represented by Its Proprietor C.T. Samuel v/s Asianet Satellite Communications Private Limited, Trivandrum, Represented by Its President & Chief Operating Officer Sankara Narayanan


Company & Directors' Information:- ASIANET SATELLITE COMMUNICATIONS LIMITED [Active] CIN = U92132KL1992PLC006725

Company & Directors' Information:- CABLE CORPORATION OF INDIA LIMITED [Active] CIN = U31300MH1957PLC010964

Company & Directors' Information:- NETWORK LIMITED [Active] CIN = L32209DL1989PLC034797

Company & Directors' Information:- ASIANET COMMUNICATIONS LIMITED [Active] CIN = U90001MH1991PLC178157

Company & Directors' Information:- ASIANET COMMUNICATIONS PRIVATE LIMITED [Amalgamated] CIN = U90001MH1991PTC178157

Company & Directors' Information:- C N C NETWORK PRIVATE LIMITED [Active] CIN = U92113DL1998PTC094378

Company & Directors' Information:- S A NETWORK PRIVATE LIMITED [Active] CIN = U51420MH2001PTC133207

Company & Directors' Information:- V V NETWORK PRIVATE LIMITED [Under Process of Striking Off] CIN = U64200TN2011PTC082529

Company & Directors' Information:- T P COMMUNICATIONS LIMITED [Active] CIN = U22211UP1995PLC019014

Company & Directors' Information:- A AND M COMMUNICATIONS PRIVATE LIMITED [Strike Off] CIN = U74899DL1993PTC056539

Company & Directors' Information:- S P COMMUNICATIONS PRIVATE LIMITED [Active] CIN = U45100WB1997PTC085372

Company & Directors' Information:- L-3 COMMUNICATIONS INDIA PRIVATE LIMITED [Active] CIN = U31909KA1999PTC025302

Company & Directors' Information:- P U COMMUNICATIONS PRIVATE LIMITED [Active] CIN = U74899DL1995PTC070141

Company & Directors' Information:- AMP COMMUNICATIONS PRIVATE LIMITED [Active] CIN = U74999MH2014PTC260254

Company & Directors' Information:- I TV NETWORK (INDIA) PRIVATE LIMITED [Amalgamated] CIN = U51900MH1995PTC092609

Company & Directors' Information:- J. P. COMMUNICATIONS PRIVATE LIMITED [Strike Off] CIN = U51395UP1998PTC024022

Company & Directors' Information:- S R COMMUNICATIONS PRIVATE LIMITED [Active] CIN = U72900DL2000PTC106970

Company & Directors' Information:- M G COMMUNICATIONS PRIVATE LTD [Converted to LLP] CIN = U74899DL1986PTC023568

Company & Directors' Information:- SATELLITE CABLE TV NETWORK PRIVATE LIMITED [Active] CIN = U92490MH2006PTC163599

Company & Directors' Information:- U. P. CABLE COMPANY PRIVATE LIMITED [Strike Off] CIN = U31300DL1974PTC007318

Company & Directors' Information:- S N COMMUNICATIONS PRIVATE LIMITED [Converted to LLP] CIN = U72900DL2002PTC118175

Company & Directors' Information:- P G CABLE TV NETWORK PRIVATE LIMITED [Active] CIN = U64204DL2007PTC159175

Company & Directors' Information:- B E COMMUNICATIONS PRIVATE LIMITED [Active] CIN = U64204WB2007PTC117516

Company & Directors' Information:- A. M. CABLE PRIVATE LIMITED [Active] CIN = U31908DL2010PTC201788

Company & Directors' Information:- S A COMMUNICATIONS PRIVATE LIMITED [Active] CIN = U64204MH2020PTC343477

Company & Directors' Information:- N AND M COMMUNICATIONS PRIVATE LIMITED [Strike Off] CIN = U92112MH1996PTC102814

Company & Directors' Information:- M C NETWORK PRIVATE LIMITED [Strike Off] CIN = U74900DL1998PTC094287

Company & Directors' Information:- THE ALLEPPEY COMPANY LIMITED [Active] CIN = U52201KL1927PLC000005

Company & Directors' Information:- D B S COMMUNICATIONS NETWORK PRIVATE LIMITED [Active] CIN = U74200TG2004PTC044574

Company & Directors' Information:- E 6 COMMUNICATIONS PRIVATE LIMITED [Strike Off] CIN = U74899DL1986PTC024856

Company & Directors' Information:- S. S. V. CABLE PRIVATE LIMITED [Active] CIN = U64204MH1999PTC119288

Company & Directors' Information:- S V G NETWORK PRIVATE LIMITED [Active] CIN = U32203DL1998PTC093917

Company & Directors' Information:- B N B COMMUNICATIONS PRIVATE LIMITED [Active] CIN = U30009DL1996PTC081267

Company & Directors' Information:- S B T (INDIA) NETWORK PRIVATE LIMITED [Strike Off] CIN = U72200TG2000PTC034445

Company & Directors' Information:- VERSUS COMMUNICATIONS PRIVATE LIMITED [Active] CIN = U74300WB2005PTC103033

Company & Directors' Information:- N M TV PRIVATE LIMITED [Strike Off] CIN = U92132PY2004PTC001798

Company & Directors' Information:- A P COMMUNICATIONS PRIVATE LIMITED [Active] CIN = U94201DL2001PTC112095

Company & Directors' Information:- N R NETWORK (INDIA) PRIVATE LIMITED [Strike Off] CIN = U74999DL2001PTC112418

Company & Directors' Information:- N V COMMUNICATIONS PRIVATE LIMITED [Strike Off] CIN = U72200DL2005PTC135640

Company & Directors' Information:- NARAYANAN AND COMPANY P LTD [Strike Off] CIN = U74999TN1947PTC001791

Company & Directors' Information:- N C COMMUNICATIONS (INDIA) PRIVATE LIMITED [Strike Off] CIN = U72500DL1996PTC075119

Company & Directors' Information:- S AND S COMMUNICATIONS PRIVATE LIMITED [Strike Off] CIN = U32102KA1991PTC012068

Company & Directors' Information:- P K SATELLITE NETWORK PRIVATE LIMITED [Strike Off] CIN = U64204DL1998PTC092756

Company & Directors' Information:- SATELLITE COMMUNICATIONS PRIVATE LIMITED [Strike Off] CIN = U32200MH1989PTC050459

Company & Directors' Information:- U AND I COMMUNICATIONS PRIVATE LIMITED [Under Process of Striking Off] CIN = U74900PN2012PTC144206

Company & Directors' Information:- S S NETWORK PRIVATE LIMITED [Strike Off] CIN = U72200DL1999PTC102107

Company & Directors' Information:- S M B NETWORK PRIVATE LIMITED [Strike Off] CIN = U72200TZ2011PTC017481

Company & Directors' Information:- N & D COMMUNICATIONS PRIVATE LIMITED [Active] CIN = U74900TN2003PTC050717

Company & Directors' Information:- R C COMMUNICATIONS PVT LTD [Strike Off] CIN = U93090OR2006PTC008788

Company & Directors' Information:- G AND M COMMUNICATIONS PRIVATE LIMITED [Strike Off] CIN = U72900DL2006PTC146926

Company & Directors' Information:- D S COMMUNICATIONS PRIVATE LIMITED [Strike Off] CIN = U64202DL2005PTC142556

Company & Directors' Information:- G G S CABLE NETWORK PRIVATE LIMITED [Strike Off] CIN = U92100PB2011PTC035388

Company & Directors' Information:- V J NETWORK PRIVATE LIMITED [Active] CIN = U52392TN2008PTC066742

Company & Directors' Information:- O. T. S. COMMUNICATIONS PRIVATE LIMITED [Strike Off] CIN = U93000MH2007PTC169128

Company & Directors' Information:- R K D COMMUNICATIONS PRIVATE LIMITED [Active] CIN = U64200MH2011PTC217962

Company & Directors' Information:- M. H. CABLE NETWORK PRIVATE LIMITED [Strike Off] CIN = U74999MH2016PTC288041

Company & Directors' Information:- C H K NETWORK PRIVATE LIMITED [Strike Off] CIN = U74120UR2011PTC033438

Company & Directors' Information:- N S S COMMUNICATIONS PRIVATE LIMITED [Active] CIN = U72200TG2010PTC071384

Company & Directors' Information:- D T N COMMUNICATIONS PRIVATE LIMITED [Strike Off] CIN = U64203TN1982PTC009325

Company & Directors' Information:- C K CABLE NETWORK PRIVATE LIMITED [Active] CIN = U64203TG2013PTC087887

Company & Directors' Information:- R S G M NETWORK PRIVATE LIMITED [Strike Off] CIN = U74900WB2013PTC198901

Company & Directors' Information:- A T NETWORK PRIVATE LIMITED [Strike Off] CIN = U51909CH2001PTC024541

Company & Directors' Information:- B R I O COMMUNICATIONS PRIVATE LIMITED [Active] CIN = U22300DL2012PTC242469

Company & Directors' Information:- H K CABLE PRIVATE LIMITED [Active] CIN = U31300DL2004PTC129857

Company & Directors' Information:- D P R NETWORK PRIVATE LIMITED [Strike Off] CIN = U72900DL2004PTC126258

Company & Directors' Information:- K AND I COMMUNICATIONS PRIVATE LIMITED [Strike Off] CIN = U74999DL2005PTC140331

Company & Directors' Information:- M M M COMMUNICATIONS PRIVATE LIMITED [Strike Off] CIN = U32204DL2007PTC164017

Company & Directors' Information:- D W W COMMUNICATIONS PRIVATE LIMTIED [Strike Off] CIN = U64200DL2007PTC169339

Company & Directors' Information:- S AND V NETWORK PRIVATE LIMITED [Strike Off] CIN = U32201MP2007PTC019567

Company & Directors' Information:- K 2 COMMUNICATIONS PRIVATE LIMITED [Active] CIN = U74300KA2007PTC042842

Company & Directors' Information:- K. R. COMMUNICATIONS PRIVATE LIMITED [Active] CIN = U74999GJ2016PTC093336

Company & Directors' Information:- TRIVANDRUM CABLE NETWORK PRIVATE LIMITED [Strike Off] CIN = U92132KL2003PTC016273

Company & Directors' Information:- N G P NETWORK PRIVATE LIMITED [Active] CIN = U74999MH2020PTC346257

Company & Directors' Information:- A. N. COMMUNICATIONS PRIVATE LIMITED [Active] CIN = U74130DL2020PTC372569

Company & Directors' Information:- V R COMMUNICATIONS INDIA PRIVATE LIMITED [Active] CIN = U74999PN2021PTC202406

Company & Directors' Information:- U F O COMMUNICATIONS PRIVATE LIMITED [Strike Off] CIN = U92100DL1997PTC087625

Company & Directors' Information:- H R NETWORK PRIVATE LIMITED [Under Process of Striking Off] CIN = U51909DL2002PTC114862

Company & Directors' Information:- H V K NETWORK PRIVATE LIMITED [Strike Off] CIN = U74140DL1996PTC079365

Company & Directors' Information:- K & K COMMUNICATIONS PRIVATE LIMITED [Strike Off] CIN = U74300TN1995PTC030627

Company & Directors' Information:- Z AND N COMMUNICATIONS PRIVATE LIMITED [Strike Off] CIN = U74300TZ1996PTC007333

    AR. No. 89 of 2019

    Decided On, 27 January 2020

    At, High Court of Kerala

    By, THE HONOURABLE MR. JUSTICE P.B. SURESH KUMAR

    For the Petitioner: M.R. Sudheendran, Advocate. For the Respondent: R1, S. Ramesh Babu, Sr. Advocate, Saji Varghese, Advocate.



Judgment Text


1. This is a proceedings under Section 11(6) of the Arbitration and Conciliation Act, 1996 (the Act) for appointment of arbitrator.

2. The petitioner is the proprietor of a concern engaged in providing cable TV services. He has been providing cable TV services to his customers based on Annexure A-1 franchise agreement entered into with the respondent on 16.11.2010. Annexure A-1 agreement provides for resolution of the disputes by recourse to arbitration. It is stated by the petitioner that though the said franchise agreement was entered into for a period of ten years, on the expiry of the said term, the petitioner requested the respondent, in terms of A.R. No. 89 of 2019 3 Annexure A-4 letter to renew the agreement for another ten years and on the basis of the said request, the agreement continued without interruption. It is alleged by the petitioner that in the course of business, dispute arose between the parties as regards the amounts payable to the petitioner. It is also alleged by the petitioner that though the petitioner called upon the respondent to take steps to resolve the dispute by recourse to arbitration in terms of Annexure A-2 communication, the request made by the petitioner in this connection has not been acted upon by the respondent. The petitioner, therefore, seeks orders appointing an Arbitrator for resolution of the disputes raised by him.

3. A statement has been filed by the respondent. The stand taken by the respondent in the statement is that Annexure A-1 agreement was executed only for a period of 10 years; that the agreement has not been renewed thereafter; that the dispute raised is not in respect of the period covered by Annexure A-1 agreement and that the dispute is, therefore, A.R. No. 89 of 2019 4 not liable to be resolved by recourse to arbitration.

4. Heard the learned counsel for the petitioner as also the learned Senior Counsel for the respondent.

5. The learned counsel for the petitioner conceded that there is no agreement in writing to renew Annexure A-1 agreement. The learned counsel however contended that since it is admitted by the respondent that the business arrangement between the parties continued even after the expiry of the term specified in Annexure A-1 agreement, the petitioner is entitled to invoke the arbitration clause contained in the agreement for resolution of the dispute.

6. Per contra, the learned Senior Counsel for the respondent pointed out that only arbitration agreements in writing can be taken note of for the purposes of the proceedings under the Act. It was contended that insofar as it is admitted that there is no arbitration agreement between the parties in writing for the period after the expiry of the term specified in Annexure A-1 agreement, and insofar as the A.R. No. 89 of 2019 5 dispute raised is not a dispute arose during the period during which the arbitration agreement was in force, the same is one to be resolved otherwise than by recourse to arbitration.

7. I have given my thoughtful consideration to the contentions advanced by the learned counsel for the parties.

8. In the light of the provision contained in Section 11(6A) of the Act, and the decision of the Apex Court in Duro Felguera S.A. v. Gangavaram Port Limited, (2017) 9 SCC 729, the only point arising for consideration is as to whether there exists an arbitration agreement between the parties. The fact that there is an arbitration clause in Annexure A-1 agreement is not disputed by the respondent. The said arbitration clause reads thus:

Arbitration Clause:

Any dispute arising out this agreement shall be referred for Arbitration as per the provisions of the Arbitration and Conciliation Act 1996. There is no dispute also to the fact that Annexure A-1 agreement was one entered into for a period of ten years A.R. No. 89 of 2019 6 commencing from 16.11.2000 and the said term has expired on 16.11.2010.

There is also no dispute to the fact that no written agreement to renew Annexure A-1 agreement was entered into between the parties. There is also no dispute to the fact that the dispute, for the resolution of which the proceedings are initiated, is a dispute arose after 16.11.2010. The specific case of the petitioner is that in the light of Annexure A-4 request sent by the petitioner to the respondent on the expiry of the term of Annexure A-1 agreement, the very same agreement continued for another term of ten years and since the dispute arose during the said period, the petitioner is entitled to invoke the arbitration clause contained in Annexure A1 agreement for resolution of the dispute. The relevant portion of Annexure A-4 request, in terms of which the petitioner stated to have claimed extension of the term of Annexure A-1 agreement for a further period of ten years, reads thus:

“This is to inform that M/s Kannileth Cable T.V. Net Works wishes to extend the term of the above referred A.R. No. 89 of 2019 7 franchisee agreement for a further term of ten years and have a successful business relation with Asianet Satellite Communications Pvt. Ltd.”

The respondent has no case that they have not received Annexure A-4 request. On the other hand, as regards the said case, the stand taken by the respondent is that the arrangement continued only for collection of subscription charges. The relevant portion of paragraph 10 of the statement of the respondent wherein the aforesaid admission is made reads thus:

“10. It is submitted that on expiry of ten years, the agreement was not renewed. It was not extended. However the arrangement for collection of subscription charges alone continued.”

The pleadings of the respondent in the statement filed by them indicate beyond doubt that in terms of the franchise agreement entered into between the petitioner and the respondent, the petitioner was virtually acting as the agent of the respondent for collection of subscription charges. The pleadings of the A.R. No. 89 of 2019 8 parties would also indicate that the agreement was not renewed since there was dispute between the parties as to the share of the petitioner out of the collection charges. True, ordinarily, an offer is not accepted by mere silence on the part of the offeree, yet it does not mean that an acceptance always has to be given in so many words. Under certain circumstances, the offeree's silence, coupled with his conduct, which takes the form of a positive act, may constitute an acceptance, an agreement sub silentio. In the light of the aforesaid principle, according to me, on facts, it can be certainly inferred that the franchise agreement entered into between the petitioner and the respondent continued even after the expiry of the term made mention of in Annexure A-1 agreement, on the same terms except as regards the share of the petitioner out of the collection charges. In other words, the arbitration clause contained in Annexure A1 agreement is also very much a part of the arrangement continued after the expiry of the original term, especially in the absence of any A.R. No. 89 of 2019 9 material indicating a contrary intention. No doubt, in the light of Section 7 of the Act, the arbitration agreement for the purpose of the Act shall be one entered into between the parties in writing. Similarly, there cannot be any dispute to the proposition that the existence of the arbitration agreement is a sine qua non for making a reference under Section 11 (6) of the Act. But, I do not find any requirement under law that the arbitration clause in a case of this nature needs to be extended and re-affirmed in writing for the purposes of the Act, even while the parties were continuing the arrangement on the very same terms except as regards the share of the petitioner out of the subscription charges. The requirement under Section 7 of the Act is not desecrated according to me, since the original agreement containing the arbitration clause is one entered into in writing. Needless to say that the petitioner is entitled to invoke the arbitration clause contained in Annexure A1 agreement for resolution of t

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he dispute raised, not withstanding that the agreement was not renewed in writing. A.R. No. 89 of 2019 10 It is seen that in a similar matter, in Bharat Petroleum Corpn. Ltd. v. Great Eastern Shipping Co. Ltd., (2008) 1 SCC 503, the Apex Court has also taken an identical view. In the result, the arbitration request is allowed and Adv.Sreelal Warriar, Warriar & Co., Advocates, Arbitrators and Mediators, Warriam Road, P.B.No.5000, Cochin - 682 016 is appointed provisionally as the Arbitrator to resolve the dispute between the parties. The Registry is directed to obtain disclosure statement under Section 11(8) of the Arbitration and Conciliation Act, 1996 from the Arbitrator and place the matter before the court for confirmation of the appointment of the Arbitrator. The Registry shall retain the original of the disclosure statement and append a copy of the same to the order.
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