w w w . L a w y e r S e r v i c e s . i n



Noida Software Technology Park, Ltd. v/s Sindhi Kachchhi Entertainment Corporation Ltd.


Company & Directors' Information:- R S SOFTWARE (INDIA) LTD. [Active] CIN = L72200WB1987PLC043375

Company & Directors' Information:- NOIDA SOFTWARE TECHNOLOGY PARK LTD. [Active] CIN = U72200DL1999PLC098726

Company & Directors' Information:- IN ENTERTAINMENT (INDIA) LIMITED [Active] CIN = U22121MH2000PLC129433

Company & Directors' Information:- SINDHI KACHCHHI ENTERTAINMENT CORPORATION LIMITED [Active] CIN = U92199GJ2006PLC048196

Company & Directors' Information:- C K SOFTWARE PRIVATE LIMITED [Active] CIN = U72501DL2000PTC106184

Company & Directors' Information:- H G ENTERTAINMENT TECHNOLOGY LIMITED [Active] CIN = U92190MH1989PLC053338

Company & Directors' Information:- H G ENTERTAINMENT TECHNOLOGY LIMITED [Active] CIN = L92190MH1989PLC053338

Company & Directors' Information:- Y. T. ENTERTAINMENT LIMITED [Active] CIN = U74140MH1994PLC080105

Company & Directors' Information:- M. J. ENTERTAINMENT PRIVATE LIMITED [Active] CIN = U92490DL2010PTC206647

Company & Directors' Information:- K K S ENTERTAINMENT PRIVATE LIMITED [Active] CIN = U92490DL2013PTC259962

Company & Directors' Information:- K G ENTERTAINMENT COMPANY PRIVATE LIMITED [Active] CIN = U92419TZ2002PTC010342

Company & Directors' Information:- K K SOFTWARE PRIVATE LIMITED [Active] CIN = U72900DL2009PTC193030

Company & Directors' Information:- D C ENTERTAINMENT PRIVATE LIMITED [Strike Off] CIN = U92132TN2005PTC057950

Company & Directors' Information:- B N B ENTERTAINMENT PRIVATE LIMITED [Active] CIN = U92419DL1995PTC065697

Company & Directors' Information:- D R R ENTERTAINMENT PRIVATE LIMITED [Active] CIN = U92190WB1996PTC081900

Company & Directors' Information:- F A C E ENTERTAINMENT PRIVATE LIMITED [Active] CIN = U92110MH2005PTC151695

Company & Directors' Information:- THE ENTERTAINMENT CORPORATION OF INDIA PRIVATE LIMITED [Active] CIN = U92199WB1986PTC040678

Company & Directors' Information:- L H ENTERTAINMENT COMPANY PRIVATE LIMITED [Active] CIN = U92190KL2010PTC027006

Company & Directors' Information:- A K C SOFTWARE PRIVATE LIMITED [Active] CIN = U72200DL2004PTC128462

Company & Directors' Information:- J AND M ENTERTAINMENT PRIVATE LIMITED [Active] CIN = U92199RJ1998PTC015055

Company & Directors' Information:- P AND P SOFTWARE PRIVATE LIMITED [Active] CIN = U74899DL1994PTC057212

Company & Directors' Information:- M V ENTERTAINMENT PRIVATE LIMITED [Active] CIN = U74120MH2011PTC223843

Company & Directors' Information:- SOFTWARE INDIA PRIVATE LIMITED [Active] CIN = U72200GJ1995PTC025791

Company & Directors' Information:- K C ENTERTAINMENT PRIVATE LIMITED [Active] CIN = U92199PB2007PTC030917

Company & Directors' Information:- N. D. SOFTWARE PRIVATE LIMITED [Strike Off] CIN = U72200TG1998PTC029778

Company & Directors' Information:- U N ENTERTAINMENT PRIVATE LIMITED [Strike Off] CIN = U92199RJ2008PTC026951

Company & Directors' Information:- T AND H SOFTWARE PRIVATE LIMITED [Active] CIN = U72200UP2000PTC025638

Company & Directors' Information:- M S SOFTWARE PRIVATE LIMITED [Active] CIN = U72200DL2005PTC133997

Company & Directors' Information:- R S ENTERTAINMENT PRIVATE LIMITED [Active] CIN = U92199MH2002PTC134692

Company & Directors' Information:- D M S ENTERTAINMENT PRIVATE LIMITED [Amalgamated] CIN = U92490TN1999PTC043057

Company & Directors' Information:- A ENTERTAINMENT PRIVATE LIMITED [Active] CIN = U92113DL2000PTC105058

Company & Directors' Information:- M L ENTERTAINMENT PRIVATE LIMITED [Converted to LLP] CIN = U92312MH1998PTC117240

Company & Directors' Information:- C H ENTERTAINMENT PRIVATE LIMITED [Active] CIN = U92114PB2001PTC024376

Company & Directors' Information:- G A S SOFTWARE PRIVATE LIMITED [Active] CIN = U72200DL2004PTC127546

Company & Directors' Information:- B B SOFTWARE LTD [Strike Off] CIN = L30009WB1995PLC072361

Company & Directors' Information:- S. W. ENTERTAINMENT PRIVATE LIMITED [Active] CIN = U93090JH2017PTC009799

Company & Directors' Information:- H K SOFTWARE PRIVATE LIMITED [Strike Off] CIN = U72200WB2001PTC093967

Company & Directors' Information:- J SOFTWARE PRIVATE LIMITED [Strike Off] CIN = U72200TZ2000PTC009229

Company & Directors' Information:- K K ENTERTAINMENT PRIVATE LIMITED [Strike Off] CIN = U92199MH1998PTC115728

Company & Directors' Information:- P & A SOFTWARE TECHNOLOGY PRIVATE LIMITED [Strike Off] CIN = U72900MH2008PTC181340

Company & Directors' Information:- A & R ENTERTAINMENT PRIVATE LIMITED [Strike Off] CIN = U92412MH2011PTC223857

Company & Directors' Information:- K S M SOFTWARE PRIVATE LIMITED [Active] CIN = U72200DL2004PTC128463

Company & Directors' Information:- R B SOFTWARE PRIVATE LIMITED [Active] CIN = U72200DL2005PTC140322

Company & Directors' Information:- P N A ENTERTAINMENT PRIVATE LIMITED [Active] CIN = U92490DL2015PTC279557

Company & Directors' Information:- SOFTWARE INDIA PRIVATE LIMITED [Active] CIN = U72200RJ1995PTC010577

Company & Directors' Information:- V K ENTERTAINMENT PRIVATE LIMITED [Strike Off] CIN = U64204MH2012PTC225769

Company & Directors' Information:- R J SOFTWARE PRIVATE LIMITED [Active] CIN = U72200DL2005PTC133815

Company & Directors' Information:- S M S ENTERTAINMENT PRIVATE LIMITED [Strike Off] CIN = U92490DL2005PTC134393

Company & Directors' Information:- G S ENTERTAINMENT PRIVATE LIMITED [Active] CIN = U92110MH2003PTC141508

Company & Directors' Information:- S R ENTERTAINMENT (INDIA) PRIVATE LIMITED [Strike Off] CIN = U92110MH2003PTC142161

Company & Directors' Information:- V ENTERTAINMENT PRIVATE LIMITED [Strike Off] CIN = U92110MH2003PTC142788

Company & Directors' Information:- I & I SOFTWARE INDIA PRIVATE LIMITED [Strike Off] CIN = U72200TN2005PTC056262

Company & Directors' Information:- D F SOFTWARE INDIA PRIVATE LIMITED [Strike Off] CIN = U72200TZ2003PTC010629

Company & Directors' Information:- E. C. SOFTWARE INDIA PRIVATE LIMITED [Active] CIN = U72900TN2007PTC063486

Company & Directors' Information:- Q 3 INDIA SOFTWARE PRIVATE LIMITED [Active] CIN = U72900TN2007PTC065786

Company & Directors' Information:- D A ENTERTAINMENT PVT LTD [Strike Off] CIN = U92199WB2006PTC109307

Company & Directors' Information:- D. K. ENTERTAINMENT(INDIA) PRIVATE LIMITED [Strike Off] CIN = U92413WB2012PTC176221

Company & Directors' Information:- V M G ENTERTAINMENT PRIVATE LIMITED [Strike Off] CIN = U74999WB2011PTC164341

Company & Directors' Information:- K Y SOFTWARE PRIVATE LIMITED [Strike Off] CIN = U72200DL2005PTC136072

Company & Directors' Information:- T M I SOFTWARE PRIVATE LIMITED [Strike Off] CIN = U72200KA2005PTC036299

Company & Directors' Information:- M S ENTERTAINMENT PRIVATE LIMITED [Strike Off] CIN = U92132OR1999PTC005622

Company & Directors' Information:- B C L SOFTWARE (INDIA) PRIVATE LIMITED [Strike Off] CIN = U30007MH1999PTC117922

Company & Directors' Information:- M I S SOFTWARE PRIVATE LIMITED [Active] CIN = U72200TN2008PTC068694

Company & Directors' Information:- SINDHI AND CO PRIVATE LIMITED [Strike Off] CIN = U15111UP1941PTC001099

Company & Directors' Information:- A. T. SOFTWARE PRIVATE LIMITED [Active] CIN = U72200TG1996PTC023841

Company & Directors' Information:- D. P. ENTERTAINMENT PRIVATE LIMITED [Strike Off] CIN = U92120OR2010PTC012734

Company & Directors' Information:- J A K SOFTWARE PVT LTD [Active] CIN = U72200DL2001PTC111929

Company & Directors' Information:- R R SOFTWARE PVT LTD [Under Process of Striking Off] CIN = U72200KL1991PTC006051

Company & Directors' Information:- A M H SOFTWARE PRIVATE LIMITED [Strike Off] CIN = U72200DL2005PTC132410

Company & Directors' Information:- H AND H ENTERTAINMENT PRIVATE LIMITED [Strike Off] CIN = U92141PB2001PTC024322

Company & Directors' Information:- P D A SOFTWARE PRIVATE LIMITED [Strike Off] CIN = U72900DL2003PTC123465

Company & Directors' Information:- K C SOFTWARE PRIVATE LIMITED [Active] CIN = U74899DL1989PTC036923

Company & Directors' Information:- A. J. ENTERTAINMENT PRIVATE LIMITED [Strike Off] CIN = U92120MH2007PTC168557

Company & Directors' Information:- R G ENTERTAINMENT PRIVATE LIMITED [Active] CIN = U92199DL2001PTC109798

Company & Directors' Information:- V M ENTERTAINMENT PRIVATE LIMITED [Strike Off] CIN = U22130PB2009PTC033054

Company & Directors' Information:- A G U ENTERTAINMENT PVT LTD [Strike Off] CIN = U45202PB2006PTC029925

Company & Directors' Information:- A K B ENTERTAINMENT PRIVATE LIMITED [Strike Off] CIN = U92190PB2013PTC037822

Company & Directors' Information:- I SOFTWARE PRIVATE LIMITED [Strike Off] CIN = U72300MH2012PTC225903

Company & Directors' Information:- J G ENTERTAINMENT PRIVATE LIMITED [Strike Off] CIN = U92110MH2002PTC136445

Company & Directors' Information:- V H ENTERTAINMENT PRIVATE LIMITED [Strike Off] CIN = U92112MH2001PTC130659

Company & Directors' Information:- B V ENTERTAINMENT PRIVATE LIMITED [Strike Off] CIN = U92113MH2000PTC130085

Company & Directors' Information:- R A ENTERTAINMENT PRIVATE LIMITED [Active] CIN = U92120MH2006PTC164536

Company & Directors' Information:- V R ENTERTAINMENT PRIVATE LIMITED [Strike Off] CIN = U92412MH2012PTC229922

Company & Directors' Information:- V M SOFTWARE PRIVATE LIMITED [Strike Off] CIN = U72900PN2010PTC136847

Company & Directors' Information:- P S N ENTERTAINMENT PRIVATE LIMITED [Active] CIN = U74900TN2016PTC103635

Company & Directors' Information:- P & V ENTERTAINMENT PRIVATE LIMITED [Under Process of Striking Off] CIN = U74940TN2011PTC083304

Company & Directors' Information:- 4 X 4 ENTERTAINMENT INDIA PRIVATE LIMITED [Under Process of Striking Off] CIN = U92120TG2013PTC089113

Company & Directors' Information:- N S V ENTERTAINMENT PRIVATE LIMITED [Strike Off] CIN = U92490TG2006PTC051637

Company & Directors' Information:- D S R ENTERTAINMENT PRIVATE LIMITED [Active] CIN = U74900UP2009PTC037884

Company & Directors' Information:- P AND K ENTERTAINMENT PRIVATE LIMITED [Active] CIN = U74900UP2011PTC044050

Company & Directors' Information:- B P K ENTERTAINMENT PRIVATE LIMITED [Under Process of Striking Off] CIN = U74900UP2014PTC063960

Company & Directors' Information:- H M SOFTWARE PRIVATE LIMITED [Strike Off] CIN = U72200HP2011PTC031756

Company & Directors' Information:- A & P ENTERTAINMENT PRIVATE LIMITED [Active] CIN = U22200CH2015PTC035868

Company & Directors' Information:- S N R SOFTWARE PRIVATE LIMITED [Strike Off] CIN = U72900DL2012PTC243073

Company & Directors' Information:- V H SOFTWARE AND TECHNOLOGY PRIVATE LIMITED [Active] CIN = U72200DL2016PTC305185

Company & Directors' Information:- H V ENTERTAINMENT PRIVATE LIMITED [Active] CIN = U92120DL2007PTC158232

Company & Directors' Information:- C M S SOFTWARE PRIVATE LIMITED [Active] CIN = U74899DL2005PTC142352

Company & Directors' Information:- S M I T SOFTWARE COMPANY PRIVATE LIMITED [Strike Off] CIN = U74899DL2006PTC144816

Company & Directors' Information:- S M D ENTERTAINMENT PRIVATE LIMITED [Strike Off] CIN = U93000HR2013PTC051006

Company & Directors' Information:- A D SOFTWARE PRIVATE LIMITED [Strike Off] CIN = U72200KA2002PTC030722

Company & Directors' Information:- P S R ENTERTAINMENT PRIVATE LIMITED [Strike Off] CIN = U99999TG1997PTC026094

Company & Directors' Information:- S & O ENTERTAINMENT PRIVATE LIMITED [Strike Off] CIN = U92190MH2007PTC171387

Company & Directors' Information:- H. A. N. R. E. J SOFTWARE PRIVATE LIMITED [Strike Off] CIN = U72200TG2008PTC062044

    Petition No. 126(C) of 2014

    Decided On, 15 October 2014

    At, Telecom Disputes Settlement Appellate Tribunal New Delhi

    By, THE HONOURABLE MR. JUSTICE AFTAB ALAM
    By, CHAIRPERSON & THE HONOURABLE MR. KULDIP SINGH
    By, MEMBER

    For the Petitioner: Joby P. Verghese, Advocate. For the Respondent: None.



Judgment Text

Kuldip Singh. J,

1. This is a recovery petition for a sum of Rs.31,66,395/- for dues towards up linking facilities and play out services provided by the petitioner for the respondent's channel "S.K. TV".

2. The petitioner is a company incorporated under the Companies Act, 1956 and is engaged in the business of providing up linking facility and transponder service to the broadcasters. The respondent is in the business of broadcasting TV channels. The respondent did not appear despite service of notice and hence the petition is proceeded against it ex-parte. 

3. According to the petitioner, the respondent had entered into an agreement with it on 10.09.2010 vide which the petitioner was to provide up linking facility and transponder services on INSAT-4A satellite to the respondent's channel named as 'S.K. TV' from the petitioner's Earth station located at Greater Noida. For this, the respondent was to pay a sum of Rs.5.00 lakh per month in terms of the agreement. Further, for availing the play out services at the facility of the petitioner company, respondent was to pay an additional amount of Rs.3.00 lakhs per month plus taxes which amount was subsequently reduced to Rs.2.00 lakhs w.e.f. May, 2011 and further to Rs. 1.75 lakhs from June, 2011(exclusive of taxes) .

4. As per the petitioner, it had to remind the respondent on several occasions of his obligations to make the payments and despite reminders when the respondent failed to clear the outstanding amount, the petitioner issued notices dated 30.11.2012 and 23.03.2013 asking the respondent to clear the outstanding amount. Again vide letter dated 22.05.2013 another notice was issued. When the respondent failed to clear the outstanding amount due to the tune of Rs.31,66,395/-, the services to the respondent were disconnected on 07.06.2013.

5. No reply is filed on behalf of the respondent to controvert the statement and allegations made in the petition.

6. The petitioner submitted evidence by way of affidavit of Mr. Rajeev Singh Rawat, Senior Executive - Scheduling and Billing. The witness exhibited copy of the agreement as Exhibit PW-2, copy of letter dated 30.11.2012 as Exhibit PW-3 and letters dated 23.03.2013 and 22.05.2013 as Exhibit PW-4 (Colly). The witness also exhibited a copy of statement of account as Exhibit PW-8. The witness confirmed that on the failure of the respondent to clear the outstanding dues, the services were disconnected since 07.06.2013.

The statement of the witness in this regard is as under:-

"13. I say that despite requests and reminders when the Respondent company failed to clear the outstanding amounts due to the tune of Rs.31,66,395.00/- (Rupees Thirty One Lakhs Sixty Six Thousand Three Hundred Ninety Fine Only), the petitioner company herein was constrained to disconnect the services since 07.06.2013."

7. The agreement dated 10.09.2010 between the parties was for a term of three years. the agreement provided for the termination of the same in case the respondent failed to make payment of any amount under the same and such amount remained unpaid for a period of 15 days from the due date.

The relevant clauses are as under:-

"Clause 6.1 Term of Agreement

This Agreement shall become operative from the date of this Agreement and shall continue for the period of three years, unless terminated by either party hereto in accordance with the provisions of this agreement hereof or extended through mutual agreement in writing. However, the effective date for services provided under this agreement by NSTPL and payment of service charges provided under this agreement by Broadcaster and payment of service charges thereof shall be as per Clause 3.4 and Annexure A of this Agreement."

"Clause 6.2.4: NSTPL shall have the option of immediately terminating this Agreement in the event customer fails to make payment of any amount due under this Agreement within this stipulated time period remaining outstanding and unpaid for more than a period of fifteen days from the due date. In such event, the Customer shall immediately become liable to pay to NSTPL all outstanding dues besides charges for unexpired period of this agreement as provided in Clause 6.2 above."

8. Appendix 'A' to the agreement provides the payment schedule as under:-

"Appendix A : Payment Schedule

This Appendix is made part of agreement dated 10th September 2010, by and between NSTPL and Broadcaster.

1. The Security Deposit of one month shall be a form of DD/cheque in favour "Noida Software Technology Park Limited" payable at New Delhi equivalent of Rs.5,00,000/ - (Rupees Five Lacs only) before one month of commencing/providing the MCPC uplink facility.

2. The charges shall be Rs.5,00,000/- (Rupees Five Lacs Only) per month payable monthly in advance.

3. Rs.2,00,000/ - (Rupees Two Lakh Only) per channel will paid as advance towards the uplink charges and will be adjusted in first month billing.

4. Broad casters have to pay Rs.3,00,000/- (Rupees Three lakhs Only) plus taxes per month for playout service at NSTPL teleport, Greater Noida.

5. The Uplink facility from NSTPL will depend on the space segment availability on INSAT 4A at the time of launching of Channel.

6. Broadcaster shall be responsible to pay License and Royalty fee as applicable (Radio Spectrum).

7. Broad caster shall be responsible to pay additional charges to NSTPL for:

a. Communication charges such as Telephone, Fax and E-mail, etc."

Clause 3.2 of the agreement provides for payment of interest @ 2 per cent per month on or due payments. The Clause is as under:-

"Clause 3.2- Notwithstanding anything to the contrary indicated in the bill or Invoice, any amount owned by the customer to NSTPL which is not paid on its due date or earlier shall bear interest at the rate of (2%) per month calculated on a daily basis from the date on which such amount was first due, till the amount is paid, besides intimating default in payment of any outstanding charges to Various concerned Government authorities."

9. As per the statement of account (Exhibit PW-8) total amount outstanding as on 30.06.2013 is Rs.31,66,395/-. After adjusting the security deposit of Rs. 8.00 lakh, the net recoverable amount comes to R

Please Login To View The Full Judgment!

s.23,66,395/-. 10. In view of the aforesaid facts and circumstance of the case, the petition is allowed for a sum of Rs. 31,66,395/-. The petitioner shall adjust security of Rs. 8,00,000/- available with it against this and the balance amount of Rs.23,66,395/- shall be paid by the respondent along with interest @ 24 per cent per annum (in terms of the agreement) from 01.07.2013 till the date of filing of the petition before the Tribunal. The office is directed to make a decree for the same. The decretal amount shall further carry an interest @ 9 per cent per annum from the date of filing of the petition till realization of the same. There will be no order as to costs.
O R