The Telecom Disputes Settlement and Appellate Tribunal (TDSAT), hearing an appeal by IndusInd Media and Communications Ltd (IMCL) against a disconnection notice served by Sony Pictures Network India, has directed multi-system operator to pay ₹5 crore to the broadcaster. IMCL is given a three-week time to make the payment.
Sony Pictures Network is also directed to not to act on the disconnection notices till the next date of hearing on 16 August.
Sony Pictures India in the second week of June had served disconnection notice on the Hinduja Group-owned MSO IMCL and HITS services NXT Digital. Sony’s distribution arm Sony Pictures Network Distribution India (SPNDI) had served the notice for non-execution of the interconnection agreement, non-payment of outstanding dues and non-submission of monthly subscriber reports. The MSO was given three weeks for compliance and warned of disconnection of services.
The IMSL had moved TDSAT against the disconnection notice for 21 cities. The differences between the parties have cropped up over the quantum of dues. IMCL had admitted outstanding dues of ₹ 9.20 crore till June 2018. There was an additional payment obligation of ₹2.16 crore for every month.
The tribunal, while directing the MSO to complete the reconciliation of accounts in two weeks if it were interested to move forward, further observed that the MSO cannot be permitted to remain a defaulter and claim the right of further agreement with the broadcaster only the ground of reconciling the accounts, televisionpost.co has reported.
“It is on their understanding that the total liability on reconciliation of accounts will have to be met by the petitioner within a short time which may be determined on the next date,” the order stated.
It also asked both the parties must meet and discuss modalities of settling the liabilities as well as entering into a future agreement with effect from 1 September. The MSO will have to clear/settle all its dues till July for entering into a fresh agreement.
On the next date, the tribunal said it will consider granting only a short period of one week for making further payments if parties are unable to come to a settlement in the meantime. Meanwhile, in another case involving TV Today Network and IMCL, the tribunal has directed the MSO to pay ₹10 lakh within one week without waiting for the result of reconciliation of accounts.
It also asked IMCL to pay its dues lawfully payable immediately after the settlement of account to be done within one week. The parties have to reconcile the accounts by meeting on an agreed date within one week.
It has also asked the broadcaster not to give effect to the notice of disconnection till the next date of hearing on 27 August.
It also told the parties to hold talks for entering into a fresh interconnect agreement either on negotiated terms or on RIO basis within a month since the previous agreement expired on 30 June.
Learned counsel for IMCL has submitted a chart to show that the total outstanding dues would be only Rs. 5.52 lakh whereas, whereas as per notice for disconnection of signals, the dues are Rs. 28 lakh and odd.
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