TDSAT directs Kamyab Television to provide schedule of clearing outstanding dues
MUMBAI: The Telecom Disputes Settlement and Appellate Tribunal (TDSAT) has directed Kamyab Television, the owner of Odia GEC Kamyab TV, to come up with specific time schedule for the payment of the entire admitted dues of Rs. 3.98 crores approximately to Union of India and Antrix Corporation.
Kamyab had filed an application before seeking direction to Antrix to issue No Objection Certificate so that it may be able to avail the Space Segment Service Agreement from the authorised service provider.
The tribunal allowed the broadcaster’s prayer after its counsel sought a short adjournment for instructions and, if possible, to submit a reasonable time schedule for payment of the admitted dues.
Union of India, if so advised, may file a reply in the aforesaid matters i.e. in the main petitions as well as in the MAs within four weeks. The matter has been posted the matter under the same head on 20th May.
The counsel for the respondent no. 2 Antrix Corporation has relied upon his reply to the petition as well as to the M.A under consideration and has also pressed M.A. No. 124 of 2019 filed in the connected B.P. No. 368 of 2017.
His stand is that for an amount of Rs. 5.81 crores approximately, Union of India, through Antrix Corporation has filed B.P. No. 368 of 2017 which is ready for hearing since about a year.
He has pointed out that now the petitioner Kamyab Television has admitted through a letter as well as pleadings in the B.P. No. 33 of 2019 that it is disputing some of the claims but admits its liability to pay Rs. 3.98 crore.
According to learned counsel for Antrix Corporation grant of No Objection Certificate cannot be considered unless Kamyab Television pays the entire admitted dues subject to the final outcome of B.P. No. 368 of 2017. Presently, he seeks a decree on the basis of admission as prayed in M.A. No. 124 of 2019.
Learned counsel for Kamyab Television submitted that presently only Rs. 1 crore can be arranged and paid to the government for the urgent issue of No Objection Certificate and when the broadcaster resumes its business and starts earning, it will make all endeavour to pay the balance of the admitted amount of Rs. 3.98 crore approximately within a reasonable time.
However, the tribunal is of view that Kamyab Television’s offer of an upfront payment of Rs. 1 crore for the No Objection Certificate is not good enough unless it provides a specific time schedule for the payment of the entire admitted dues of Rs. 3.98 crores approximately only.
When we find an offer to be reasonable, we may consider the same for disposal of the Mas, the tribunal said in its order.