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



Raftaar Media Pvt Ltd. v/s Noida Software Technology Park 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:- B K MEDIA PRIVATE LIMITED [Active] CIN = U51909MH2003PTC266323

Company & Directors' Information:- L AND C MEDIA PRIVATE LIMITED [Active] CIN = U92130TN2008PTC066197

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

Company & Directors' Information:- M C MEDIA PRIVATE LIMITED [Strike Off] CIN = U92130MH1996PTC098640

Company & Directors' Information:- RAFTAAR MEDIA PRIVATE LIMITED [Active] CIN = U45200JH2003PTC010124

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

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

Company & Directors' Information:- NOIDA CORPORATION PRIVATE LIMITED [Active] CIN = U74999DL2003PTC123554

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

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

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

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

Company & Directors' Information:- PARK MEDIA PRIVATE LIMITED [Active] CIN = U74900DL2009PTC194608

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

Company & Directors' Information:- K P R MEDIA PRIVATE LIMITED [Active] CIN = U74900TG2015PTC099363

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:- D L MEDIA PRIVATE LIMITED [Active] CIN = U64204GJ2009PTC056328

Company & Directors' Information:- MEDIA 6 (INDIA) PRIVATE LIMITED [Active] CIN = U22211TG2010PTC069036

Company & Directors' Information:- V L MEDIA PRIVATE LIMITED [Active] CIN = U22222UP2015PTC070065

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

Company & Directors' Information:- R H MEDIA PRIVATE LIMITED [Active] CIN = U92412WB2014PTC203077

Company & Directors' Information:- D A MEDIA PRIVATE LIMITED [Strike Off] CIN = U22110DL2001PTC111926

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

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

Company & Directors' Information:- G & G MEDIA PRIVATE LIMITED [Active] CIN = U74900PN2013PTC149237

Company & Directors' Information:- MEDIA TECHNOLOGY PARK INDIA PRIVATE LIMITED [Strike Off] CIN = U72300TN2008PTC068538

Company & Directors' Information:- H R MEDIA LIMITED [Strike Off] CIN = U74300DL2005PLC143323

Company & Directors' Information:- J. M. MEDIA LIMITED [Active] CIN = U74999DL2012PLC231621

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:- SOFTWARE INDIA PRIVATE LIMITED [Active] CIN = U72200RJ1995PTC010577

Company & Directors' Information:- N MEDIA PRIVATE LIMITED [Active] CIN = U92100TN2008PTC067723

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

Company & Directors' Information:- H J SOFTWARE PRIVATE LIMITED [Active] CIN = U72200TG2007PTC056351

Company & Directors' Information:- G S MEDIA PRIVATE LIMITED [Strike Off] CIN = U74300OR2007PTC009586

Company & Directors' Information:- I E MEDIA PRIVATE LIMITED [Active] CIN = U74999MH1993PTC075096

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:- J B MEDIA PRIVATE LIMITED [Active] CIN = U74300TG2010PTC071519

Company & Directors' Information:- L K MEDIA PRIVATE LIMITED [Strike Off] CIN = U22222UP2013PTC056644

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:- 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:- MEDIA INDIA LIMITED [Strike Off] CIN = U74300BR1993PLC005422

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

Company & Directors' Information:- C C M SOFTWARE PRIVATE LIMITED [Strike Off] CIN = U72200TG2000PTC034002

Company & Directors' Information:- MEDIA SOFTWARE PVT LTD [Strike Off] CIN = U72200WB1996PTC080072

Company & Directors' Information:- R G MEDIA PRIVATE LIMITED [Strike Off] CIN = U74999TG1994PTC018512

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

Company & Directors' Information:- D. K. MEDIA PRIVATE LIMITED [Strike Off] CIN = U74900WB2012PTC187736

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

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:- P D A SOFTWARE PRIVATE LIMITED [Strike Off] CIN = U72900DL2003PTC123465

Company & Directors' Information:- U S MEDIA PRIVATE LIMITED [Strike Off] CIN = U74300DL1998PTC091530

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

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

Company & Directors' Information:- S & O MEDIA PRIVATE LIMITED [Active] CIN = U22190MH2010PTC211481

Company & Directors' Information:- N W MEDIA PRIVATE LIMITED [Active] CIN = U22219MH2008PTC178081

Company & Directors' Information:- K & V MEDIA PRIVATE LIMITED [Strike Off] CIN = U74300MH2008PTC188833

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

Company & Directors' Information:- K 4 MEDIA PRIVATE LIMITED [Strike Off] CIN = U74900TG2013PTC091049

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

Company & Directors' Information:- R K G MEDIA PRIVATE LIMITED [Under Process of Striking Off] CIN = U22212DL2014PTC268503

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

Company & Directors' Information:- K. P. MEDIA PRIVATE LIMITED [Active] CIN = U72900DL2016PTC300245

Company & Directors' Information:- Z & Z MEDIA PRIVATE LIMITED [Strike Off] CIN = U74140DL2014PTC263515

Company & Directors' Information:- K A V SOFTWARE PRIVATE LIMITED [Active] CIN = U72200DL2005PTC144121

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

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 & N MEDIA PRIVATE LIMITED [Strike Off] CIN = U74900BR2013PTC020667

Company & Directors' Information:- H A E MEDIA PRIVATE LIMITED [Active] CIN = U74999HR2011PTC042765

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

Company & Directors' Information:- R P MEDIA PRIVATE LIMITED [Strike Off] CIN = U92130KA2013PTC071267

Company & Directors' Information:- 7 R MEDIA PRIVATE LIMITED [Active] CIN = U74999GJ2020PTC114603

Company & Directors' Information:- M AND M MEDIA PRIVATE LIMITED [Strike Off] CIN = U74300DL2000PTC103350

Company & Directors' Information:- K MEDIA PVT. LTD. [Strike Off] CIN = U01222WB1991PTC053599

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

    Civil Appeal No. 10799 of 2014

    Decided On, 28 February 2017

    At, Supreme Court of India

    By, THE HONOURABLE MR. JUSTICE DIPAK MISRA & THE HONOURABLE MR. JUSTICE A.M. KHANWILKAR

    For the Appellant: Arvind Verma, Sr. Advocate, Rajesh K. Singh, S. Mohanty, R. Verma, R.V. Kameshwaran, Advocates. For the Respondent: Gautam Narayan, AOR.



Judgment Text

1. The appellant, a company incorporated under the Companies Act, 1956 and engaged in the business of broadcasting its news channel 'Raftaar News' had entered into an agreement as the respondent who was providing the up-linking facilities and transponder services to the appellant from its gateway at Greater NOIDA. The agreement lays the stipulation for payment of charges amounting to Rs.4,80,000/- (Rupees four lac eighty thousand only) per month for the services provided by the respondent. As there was default, the Respondent No.1 disconnected the satellite services.

2. Challenging the disconnection, the appellant approached the Telecoms Disputes Settlement Appellant Tribunal (TDSAT) for seeking reconnection and also damages because of such disconnection. The respondent, in its turn, filed a counter claim for realisation of the outstanding dues amounting to Rs.27,97,318/- (Rupees twenty seven lac ninety seven thousand three hundred and eighteen only) along with interest @ 18% per annum. The TDSAT, on the basis of the material brought on record and upon hearing the learned counsel for the parties, opined that the disconnection was justified inasmuch the appellant was put to notice by the service provider. That apart, it also held that the disconnection had been done in terms with the stipulations in the agreement and the claim of the company for damages was absolutely unjustified.

3. Adverting to the counter claim lodged by the respondent, the TDSAT referred to the amount due from the appellant, various cheques issued from time to time, the clauses in the Memorandum of Understanding and opined that it was entitled to Rs.25,60,006/-. Thereafter, the TDSAT referred to clause 16(c) which reads as follows :-

"The Broadcaster agreed to make the payment promptly and not later than 15 days of the due date. In case of delay in payments, the Broadcaster shall be liable to pay interest @ 18% per annum."

4. On that basis, it granted 18% interest.

5. We have heard Mr. Arvind Verma, learned senior counsel, along with Mr. R.V. Kameshwaram, learned counsel for the appellant and Ms. Ruchika Goyal, learned counsel for the respondent.

6. On a perusal of the order passed by the TDSAT, we find that the conclusion that has been arrived at by it with regard to the justification of disconnection by the respondent, cannot be found fault with. It has analysed the default at length by the appellant and come to a definite conclusion that there was default by it and the disconnection had been done in accordance with clause 17 of the agreement. Therefore, on the said score, we concur with the view expressed by the Tribunal.

7. As far as the counter claim is concerned, the Tribunal has declined to accept the claim of Rs.59,328/- which was made by the respondent towards service tax. The TDSAT has ruled that the same had been erroneously charged and accordingly declined to allow the same. As the respondent has not preferred any appeal with regard to such non-allowance of the claim, we need not revert to the same. As far as the quantification of the amount payable by the appellant to the respondent is concerned, that has been appositely done as is manifest from the factual analysis and hence, does not require any interference.

8. The next aspect pertains to levy of interest. Clause 16 (c) which has been reproduced here in above, stipulates that the broadcasters shall be liable to pay interest @ 18% per annum. Mr. Arvind Verma, learned senior counsel for the appellant submitted that the interest amount may be reduced keeping in view the financial condition of the appellant. Ms. Ruchika Goyal, learned counsel appearing for the respondent opposed the same.

9. Having considered the submissions of learned counsel for the parties, we think, in the facts and circumstance

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s of the case, the interest should be reduced to 12% per annum and accordingly it is directed that the amount awarded by the TDSAT along with 12% interest be computed and be paid to the respondent within eight weeks hence. Needless to say, if there is any amount deposited with the respondent towards security, the same shall be adjusted. 10. The appeal is disposed of accordingly. There shall be no order as to costs.
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