SRISHTI VENTURES Vs. INX NEWS PVT. LTD.

JUDGEMENT

(1.) THE petitioner is a multi -system operator and the respondent is the broadcaster of a TV channel.

(2.) THIS petition is filed seeking recovery of Rs. 11,37,315/ - (along with interest) from the respondent as dues of carriage/placement charges. According to the petitioner, on 1 July 2011, the respondent entered into a placement agreement with the petitioner for carrying its channel "9X News" on the petitioner's network. The agreement was for the period 1 July 2011 to 30 June 2012 and under its terms, the petitioner was to carry the respondent's channel on S -band on its net -work for the total consideration of Rs. 16 lakhs (exclusive of service tax and education cess) payable on quarterly basis. It is the case of the petitioner that as provided in the agreement, it duly carried the respondent's channel on its network on the stipulated band from 1 July 2011 to 22 February 2012 and after that date it put the channel on ordinary band, after giving one month's advance intimation to the respondent. It is the grievance of the petitioner that in violation of the agreement, the respondent did not make any payment towards the placement charges and after making some futile demands (including a legal notice), the petitioner was compelled to come to the Tribunal in this petition.

(3.) KEEPING in view the respective cases of the parties, we now proceed to examine the placement agreement, forming the basis of the petitioner's claim, and the evidences adduced by parties in support or in denial of its legitimacy.