1. This order will dispose of three petitions filed by the petitioner being OMP No. 182 of 2005, OMP No. 183 of 2005 and OMP No. 184 of 2005, under Section 9 of the Arbitration and Conciliation Act seeking appointment of receiver in respect of the respondent”s moveable and immovable properties situated in New Delhi or elsewhere in India and an injunction against the respondent from selling, alienating, transferring possession, creating any third-party right/claim/interest and/or creating charge or dealing with in any manner whatsoever all the movable and immovable properties and in case the respondent does not comply with the orders which may be passed for appointment of receiver, to attach all the properties of the respondent. The petitioner has also prayed for a direction to the respondent to disclose his movable and immovable, tangible and intangible assets including any encumbrance thereon and for a direction to the respondent to deposit with the Court all such sums received by the respondent from its businesses pending disposal of the arbitral proceedings.

.2. The petitioner is a company registered under the laws of Thailand having its principal office in Thailand. The petitioner is engaged in the business of providing transponder services under the concessions granted by the Government of Thailand. The Petitioner has a satellite, “THAICOM 3”, which is operating in the Geo-Stationary Orbit and the transponder services are provided particularly for the purposes of broadcasting, internet and telecommunication to various firms and companies worldwide. The Petitioner is also stated to have a well-equipped teleport up-linking station to provide up-linking services to the customers and a satellite station to monitor and control its satellite in the Orbit.

3. The Respondent is a public limited company incorporated under the Companies Act, 1956 having its registered office in New Delhi and is in the business of broadcasting and other telecom services like internet services. It also owns the cable TV known as “Jain TV”.

4. Thepetitioner and the respondent entered into 3 agreements- (i) Internet Service Agreement No. SA-INT/09509-2000-4 dated 12th January, 2001 (IS Agreement) (ii) Transponder Service Agreement No. SA-FC-09508-99-1 dated 10th August, 1999 which agreement was amended vide Amendment Agreement No. A1-SA- FC/09508-99-1 dated 14th July, 2000 and again amended vide Amendment Agreement No. A2-SA-FC/09508-99-1, dated 16th January, 2002 (TS Agreement-I) (iii) Transponder Service Agreement No. SA-FC/09501-2001-1 dated 5th January, 2001 which agreement was later on amended, the amended agreement No. being A1-SA- FC/09501-2001-1, dated 16th January, 2002 (TS Agreement-II).

5. Under the IS Agreement, which was valid up to 24th January, 2004, the respondent had hired the services of the petitioner for the purpose of accessing the internet backbone by utilizing part of the transponder capacity and connectivity to the Global Internet Backbone of THAICOM-3 Satellite for a period of three years. As per the clause 3 of the IS agreement service fee was payable @ US$ 3900/Mbps and US$ 4200/Mbps with a minimum commitment of 20 Mbps per month and less than 20 Mbps respectively.

6. Under the TS Agreement-I, which was valid up to 18th September, 2002, the respondent had availed the transponder services of the petitioner for the purposes of television/broadcasting application. As per clause 5.1.1 read with Appendix-A of the said agreement service fee was payable on a monthly basis in advance before the due date @ US$ 58,333 for using 18MHz.

.7. Under the TS Agreement-II, which was valid up to 14th January, 2004, the respondent had hired the services of the petitioner for the purpose of transmitting one digital television channel through non-preemptible unprotected extended C-Band regional Beam Transponder of THAICOM-3 .Satellite. As per clause 5 read with Appendix-A of the said agreement the quarterly service fee payable was