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TMI Blog2022 (5) TMI 319X X X X Extracts X X X X X X X X Extracts X X X X ..... National Company Law Tribunal Rules, 2016 against Bhoomika Digital Cable Services Private Limited and 3 others seeking the following reliefs: i. To direct the 2nd, 3rd and the 4th respondents to forthwith disclose on oath the exact nature of arrangement that they have between various Broadcasters including inter alia Asianet and Naaptol but not limited to the details of the agreements and/or contracts entered into, and revenue earned and/or due, etc., and as to the nature and circumstances by which the 3rd respondent received amounts from the aforesaid channels; ii. To direct the respondents herein to produce copies of the interconnection agreements that they have executed with various pay channel companies; iii. To stay the operation ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... llegal. On the other hand, it is the specific case of the Applicant that the 3rd respondent was illegally collecting brokerage charges from various broadcasters, which is to be enquired into as to the nature of the relationship between the 3rd respondent with the broadcasters and more particularly the basis on which the 3rd respondent has, in his own name, raised the invoice on a broadcaster. A crime has been registered against respondents 2 to 4 as Crime No. 172 of 2021 at Ernakulam Town North Police Station and the Sessions Court has granted anticipatory bail to the respondents 2. 5. The learned counsel for the applicant argued that the public prosecutor, after going through the case diary has clearly pointed out that the accused are in ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... their supporters accepted the proposal in the Annexure A8 notice which is evident from the meeting of the Board of Directors. These latches admitted by Respondents 2 to 4 itself is sufficient to hold that the office of the company is being mismanaged. 7. Respondents 1 to 4 filed their Counter and stated that the invoice attached as Annexure A8 to the Company Petition clearly states that the amount has been released against the invoice raised by Kavya Cable Network to Cinema 24x7 Private Limited. As like all other Directors, the 3rd Respondent is also providing Cattle Network services under the name and style of "Kavya Cable Network'' which is a sole proprietorship run with PAN of 3rd Respondent. The amount has been realized throug ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... stem operator and that it is only a Local Cable Operator (LCO). 10. The learned PCS for the Respondents argued that 3rd Respondent is carrying on Digital Cable Network Services and as part of providing services, the 3rd Respondent used to collect a service charge for the services rendered by him. It is further argued that the 3rd Respondent is carrying on the business in strict compliance with the regulations issued by the Telecom Regulatory Authority of India, which is the apex regulatory body governing the broadcast of satellite channels. 11. The learned PCS also stated that this Tribunal lacks jurisdiction to entertain any complaint raised in connection with violation of regulations issued by the Telecom Regulatory Authority of India a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... f Directors and with an ulterior intention to delay the legal proceedings by the Respondents, the Applicant has filed Original Suit No. 302 of 2021 before the Munsiff Court, Ernakulam and IA No. 2 of 2021 in Suit No. O.S 302 of 2021 alleging that the Respondents and CS Vivek Kumar, Authorized Representative of 1st Respondent Company have illegally accessed and corrected the books and accounts of the 1st Respondent company. Accordingly, in IA No. 2 of 2021 in Suit No. O.S 302 of 2021 the Munsiff Court, Ernakulam has passed an ex-parte order restraining Respondents and CS Vivek Kumar, from making illegal corrections, alternations, modifications or changes or committing any acts of waste in the account's files and books of the 1st Responde ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... hat 1st Respondent Company as executed with various pay channels and the ledger balance of various pay channel companies will also be produced if this Tribunal directs to do so. It is evident from the combined reading of agreement and ledger balance that there is no revenue loss to the 1st Respondent Company. The 1st Respondent Company is receiving the amount due from various pay channel companies in regular intervals as stipulated in the agreement. 18. We have heard the learned counsel for the applicant- Shri. P.G. Jayashankar and the learned PCS for Respondents Shri. Vivek Kumar through Video Conferencing. We have meticulously perused the case records and various documents annexed with this IA. The relief sought for by the applicant, who ..... X X X X Extracts X X X X X X X X Extracts X X X X
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