TDSAT puts in place interim measure as Antrix issues termination notice to Independent TV

The Telecom Disputes Settlement and Appellate Tribunal (TDSAT) has directed Antrix Corporation not to give effect to its termination notice to direct to home (DTH) operator Independent TV provided the latter clears the dues.

Independent TV has filed an application before the tribunal seeking a direction upon Antrix to not give effect to the notice of termination dated 27th May for a period of seven days till 5th June on the condition that DTH operator will abide by suitable directions of this tribunal.

The DTH operator pleaded before the tribunal that it is facing financial difficulties for a few more weeks only. But still, it is prepared to make good the default by handing over a cheque in favour of Antrix for an amount of Rs 4 crore. The cheque is dated 5th June.

The tribunal directed that the DTH operator will be liable to pay a further amount to liquidate its arrears. It also stated that the DTH operator cannot get full protection till the next date, unless it hands over the cheque for Rs. 4 crore and ensure that it is honoured by its banker when presented on 5th June.

It further stated that the DTH operator must take steps to ensure that it pays a further amount of Rs. 5 crore to Antrix by 12th June.

“If payments are made of the aforesaid amount within the time indicated, the respondent shall not give effect to the notice of termination dated 27.5.2019 till the next date,” the TDSAT order reads.

If the DTH operator fails to clear dues in two installments then Antrix will be at liberty to give effect to its termination notice and also encash the bank guarantees.

“It is made clear that if there is no default in making payment of the two installments as indicated above, then respondent no. 1 will be entitled to give effect to impugned notice of termination and also to encash the bank guarantees of Rs. 15 crore in total available with them,” the order stated.

The matter has been posted under the same head on the date already fixed which is 2nd July.