TDSAT directs Dish TV to pay arrears to Star India by November 2019

Dish TV also submitted a chart to the tribunal detailing the payments that it has made till September 3 to Star India

by exchange4media Staff
Published - Sep 9, 2019 7:55 PM Updated: Sep 9, 2019 7:55 PM
TDSAT

The Telecom Disputes Settlements and Appellate Tribunal has ruled that Dish TV should pay admitted dues to Star India by the end of November 2019 in instalments.

The order reads that the DTH operator “should liquidate the entire arrears to extend admitted and already noted by end of November 2019. They shall pay the remaining outstanding dues towards the arrears in three equal instalments by end of September, October and November 2019."

Senior counsel for Dish TV referred to the payment details and pleaded that in addition to the payment against the current invoice, the DTH operator may be permitted to liquidate the arrears through monthly instalments of Rs 40 crores only. 

TDSAT’s order reads the counsel has ‘undertaken that Rs 40 crores shall be paid by the petitioner by end of September 2019 and as per this plea, an amount of Rs 56.65 crores approximately would be still balance towards arrears after 31.10.2019.’

As per the order, “On behalf of the petitioner, a chart has been furnished to show payment details actually made by  the petitioner to the respondent till  September 3, 2019 and also details of the payments proposed to be made till October 31, 2019. It has been shown that the current dues for the month of June has been paid before 10.8.2019 which was the date for payment indicated in the order passed on 29.7.2019.  It has further been shown that towards arrears, the amount indicated in that order i.e. Rs 65 crores has also been paid by 30.8.2019.”

Dish TV’s counsel pleaded that following the earlier manner of paying the current dues, the petitioner may be permitted to clear the dues for the month of July by September 10, so that the payment cycle is maintained for the time being.

 “This has been resisted by learned senior counsel for the respondent by referring to the provisions in the Regulations 2017. According to him, since there was a delay in submitting the subscriber reports, the provisional invoice was raised in terms of the regulations and that became payable on 27.8.2019, within 15 days of receipt  of the  invoice by the petitioner,” the order reads.

However, TDSAT noted “For the time being, petitioner is permitted to follow the earlier practice only for a limited period as indicated above. Hence, he must pay the current invoices in similar fashion by 10th of each succeeding month.”

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