ITV

Tag: Vandana D Jaisingh

  • TDSAT directs Induslnd to pay Rs 26.55 crore to Taj TV subject to verification of March payment

    TDSAT directs Induslnd to pay Rs 26.55 crore to Taj TV subject to verification of March payment

    NEW DELHl: The Telecom Disputes Settlement and Appellate Tribunal has directed IndusInd Media & Communications Ltd to pay at least the minimum Rs.26,55,14,607 demanded by Taj TV subject to verification of payments made in March. Consequently, Indusind Counsel Vandana D Jaisingh handed over to Taj TV counsel Tejveer Singh Bhatia, four cheques amounting to Rs.10 crores.

    Chairman Justice Aftab Alam and member B B Srivastava directed Indusind to pay the balance amount of Rs.16,55,14,607 subject to verification of the amount paid by it in the month of March 2016.  
    The cheques would be dated 31 March but Bhatia said that they would be presented for encashment before the bank only in the first week of May. Apart from this payment, Indusind was liable to make payment for the month of April subject to any special discount, if any, in terms of the agreement.

    At the outset, the Tribunal noted that during the pendency of the petition, the two sides had executed a memo of understanding (MOU) on 30 March covering the period 01 April 2015 to 31 March 2016, that is to say, the period when there was no agreement between the parties and Indusind continued to receive signals from Taj TV.
    But the Tribunal noted that: “It is ironical that having executed the agreement on 30 March, the parties are once again in dispute in regard to the Indusind’s liability for payment under the MoU.”

    On a prima facie reading, the MoU crystallised Indusind’s liability up to 31 January 2016 at the sum of Rs.43,61,34,240. Beyond 31 January, the monthly subscription fees for both Taj and Turner TV channels for the months of February and March 2016 came to Rs.15,41,74,250 (at the rate of Rs.7,70,87,125 for each month for Taj and Turner TV channels).  Thus, the total liability of Indusind up to 31 March.came to Rs.44,59,15,007 but taking into account certain payments made by it in the month of March, the liability went down to Rs.43,61,34,240.

    Indusind also claimed certain deductions in terms of the special discount given by the respondent after the execution of the agreement. Indusind further claimed certain deductions on account of TDS.

    Bhatia submitted before the Tribunal a chart that took into account the special discounts and on a deduction made for the same and Indusind’s liability further went down to Rs.26,55,14,607.

    According to this chart, the collection received from Indusind in March 2016 amounted to Rs.9,97,80,767 but Jaisingh, wanted to verify the correctness of this figure as she said the payment made by Indusind in March 2016 could be a little more than the figure shown in Bhatia’s chart.

     

  • TDSAT directs Induslnd to pay Rs 26.55 crore to Taj TV subject to verification of March payment

    TDSAT directs Induslnd to pay Rs 26.55 crore to Taj TV subject to verification of March payment

    NEW DELHl: The Telecom Disputes Settlement and Appellate Tribunal has directed IndusInd Media & Communications Ltd to pay at least the minimum Rs.26,55,14,607 demanded by Taj TV subject to verification of payments made in March. Consequently, Indusind Counsel Vandana D Jaisingh handed over to Taj TV counsel Tejveer Singh Bhatia, four cheques amounting to Rs.10 crores.

    Chairman Justice Aftab Alam and member B B Srivastava directed Indusind to pay the balance amount of Rs.16,55,14,607 subject to verification of the amount paid by it in the month of March 2016.  
    The cheques would be dated 31 March but Bhatia said that they would be presented for encashment before the bank only in the first week of May. Apart from this payment, Indusind was liable to make payment for the month of April subject to any special discount, if any, in terms of the agreement.

    At the outset, the Tribunal noted that during the pendency of the petition, the two sides had executed a memo of understanding (MOU) on 30 March covering the period 01 April 2015 to 31 March 2016, that is to say, the period when there was no agreement between the parties and Indusind continued to receive signals from Taj TV.
    But the Tribunal noted that: “It is ironical that having executed the agreement on 30 March, the parties are once again in dispute in regard to the Indusind’s liability for payment under the MoU.”

    On a prima facie reading, the MoU crystallised Indusind’s liability up to 31 January 2016 at the sum of Rs.43,61,34,240. Beyond 31 January, the monthly subscription fees for both Taj and Turner TV channels for the months of February and March 2016 came to Rs.15,41,74,250 (at the rate of Rs.7,70,87,125 for each month for Taj and Turner TV channels).  Thus, the total liability of Indusind up to 31 March.came to Rs.44,59,15,007 but taking into account certain payments made by it in the month of March, the liability went down to Rs.43,61,34,240.

    Indusind also claimed certain deductions in terms of the special discount given by the respondent after the execution of the agreement. Indusind further claimed certain deductions on account of TDS.

    Bhatia submitted before the Tribunal a chart that took into account the special discounts and on a deduction made for the same and Indusind’s liability further went down to Rs.26,55,14,607.

    According to this chart, the collection received from Indusind in March 2016 amounted to Rs.9,97,80,767 but Jaisingh, wanted to verify the correctness of this figure as she said the payment made by Indusind in March 2016 could be a little more than the figure shown in Bhatia’s chart.

     

  • TDSAT directs Taj TV to not disconnect Indusind signals in DAS & non-DAS areas

    TDSAT directs Taj TV to not disconnect Indusind signals in DAS & non-DAS areas

    NEW DELHI: Taj Television (India) Pvt. Ltd, Mumbai was today directed by the Telecom Disputes Settlement and Appellate Tribunal (TDSAT) not to give effect to the disconnection order in Digital Addressable System (DAS) and non-DAS areas against IndusInd Media & Communications Ltd if the latter makes payment according to formulas drawn up by the Tribunal as an interim arrangement.

     

    Under the order for DAS areas, Indusind counsel Vandana D. Jaisingh handed over to Taj TV counsel Tejveer Singh Bhatia four cheques amounting to Rs 5.42 crore. In addition, Indusind will pay Rs 10 crore by 2 November, Rs 5 crore by 9 November and Rs 10 crore by 30 November, 2015.

     

    Admitting both cases and posting them before the Registrar’s court on 18 December for completion of pleadings, the Tribunal made clear that the directions are towards earlier dues as far as DAS areas are concerned. 

     

    In addition, Indusind must make payments of the invoices raised by Taj TV for the months of October and November this year for DAS areas.

     

    TDSAT chairman Aftab Alam and members Kuldip Singh and B B Srivastava said the payments made in terms of this interim order will be without prejudice to the rights and contentions of the parties.

     

    In the case relating to non-DAS areas, the Tribunal asked Indusind to make immediate payment of the outstanding dues up to 30 September subject to verification by reconciliation of accounts.

     

    Taj TV had issued the disconnection notice as it claimed that dues amounted to Rs 9.58 crore till 31 October but this was disputed by Indusind, which submitted that it had made already payment of Rs 2.26 crore and was entitled to pay for October by 15 November.

     

    However, Taj said the amount was arrived at after taking the amounting already paid into account.

     

    The Tribunal directed Indusind to go to the respondent’s Mumbai office on 3 November for this purpose.

     

    Following the reconciliation of accounts, the Tribunal said Indusind will pay the dues up to 30 September by6 November. The invoice for the month of October 2015 will be paid by 15 November.

     

    Bhatia accepted notice on behalf of Taj TV for both petitions and was asked to file the reply within three weeks from today (30 October). Rejoinder, if any, may be filed within two weeks thereafter.

     

    The agreement under which Indusind receives its signals from Taj TV came to end on 31 March but the latter continued to supply signals and Indusind continued to receive the signals and re-transmit them to its affiliates without any renewal of agreement and under the pretext that negotiations for the renewal of the agreement is going on between the two sides.  

     

    The matter finally came to a head when Taj TV gave disconnection notices for disconnection of its supply of signals to the petitioner. The disconnection notices are based on grounds of non-payment of dues and non-renewal of the interconnect agreement. In the notice, the dues are quantified at Rs 36.44 crore upto 30 September. The amount of dues mentioned in the disconnection notice relate only to the monthly subscription fees.

     

    Jaisingh disputed the amount mentioned in the disconnection notices. According to her, the admitted dues amount to Rs 24.85 crore. She contended that after the expiry of the agreement, the respondent is unauthorisedly raising invoices increasing the rate by more than 10 per cent from the rate mentioned in the previous agreement. 

     

    Bhatia said the invoices from April 2015 onwards had been raised strictly in terms of the provisions of the agreement. 

     

    The Tribunal felt that the submission of Bhatia “appears to be prima facie correct but we do not wish to make any conclusive pronouncement on that aspect of the matter at this stage.”