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TDSAT dismisses review application against decree awarded to Zee Entertainment

The Telecom Disputes Settlement & Appellate Tribunal has dismissed a review application filed by Moon Network Pvt Limited in an ongoing broadcasting dispute involving Zee Entertainment Enterprises Limited.

The case, Broadcasting Petition No. 463 of 2017, revolves around an outstanding payment amounting to Rs 1,18,04,830, which was decreed in favour of Zee Entertainment following a judgment delivered on April 20, 2022.

The review application, submitted by Moon Network, the judgment debtor, on July 8, 2022, sought to contest TDSAT’s earlier decision. Its counsel, B.P. Dhakray, argued that the original decree had been obtained under fraudulent circumstances. He said there was no authorisation from Zee for certain representatives and alleged discrepancies regarding TDS claims amounting to Rs 7,50,000.

The Tribunal stated that these arguments have already been considered and rejected during the final hearing of the original petition. It maintained the judgment debtor failed to provide a valid basis for the review, as many points raised had not been previously contested in their reply to the original broadcasting petition.

During the hearing of the review application, Zee, the decree holder, represented by Advocate Upender Thakur and Akshita Nain, affirmed the legitimacy of the claim, emphasising the TDSAT decision was based on detailed arguments and evidence presented during the earlier hearings. Furthermore, the Tribunal noted that interest on the awarded amount was rightly calculated as per the agreement between the parties, stipulating a rate of 1.5% per annum from the date of filing the broadcasting petition.

The Tribunal’s decision reiterates the integrity of its previous ruling, which included interest and a decree for third-party distributions—specifically a payment of Rs 16,08,390 owed to Turner International India Pvt Ltd for the distribution of channels such as HBO, Cartoon Network, and Pogo.

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