TELECOM DISPUTES SETTLEMENT AND APPELLATE TRIBUNAL
ZEE ENTERTAINMENT ENTERPRISE LTD – Appellant
Versus
SRI MARUTHI DIGITAL NETWORK – Respondent
BROADCASTING PETITION/291/2021
TELECOM DISPUTES SETTLEMENT & APPELLATE TRIBUNAL NEW DELHI Dated 19th September 2025 Broadcasting Petition No. 291 of 2021 Zee Entertainment Enterprises Limited … Petitioner Vs.
Sri Maruthi Digital Network … Respondent BEFORE:
HON’BLE MR. JUSTICE RAM KRISHNA GAUTAM, MEMBER Petitioner : Ms Payal Kakra & Ms Tanya Gupta, Advocates Respondent : None
JUDGMENT
1. It is a Petition, under Section 14 read with Section 14A of the Telecom Regulatory Authority of India Act, 1997, filed by Zee Entertainment Enterprises Limited, Petitioner, against Sri Maruthi Digital Network, Respondent, with a prayer for a decree, for a sum of Rs. 29,14,175/- (Rupees Twenty Nine Lakhs Fourteen Thousand One Hundred Seventy Five Only), towards outstanding dues, as on 05.03.2021, with a pendente lite and future interest, @18% per annum, from the date of institution of Petition till realization of amount.
2. In brief, the Petition contends that Petitioner is a Company, incorporated under the Companies Act 1956, and is involved in the business of Broadcasting as ‘Broadcaster’. Respondent is a Company, involved in the business of Multi System Operator (MSO), a ‘service provider’, to retransmit the program service, received from various broadcasters, to the ultimate consumers. Hence, both Petitioner and Respondent are ‘service provider’ within the purview of TRAI Act.
3. Mr Anurup Narula, is a duly authorized signatory of Petitioner Company, vide Board Resolution, Annexure P/1 to Petition, to file this Petition. Respondent approached Petitioner, with a desire to avail signals of the channels of Petitioner, resulting execution of MRP based Interconnection Agreement (MRP Agreement) dated 15.02.2019, valid for a period of 01.02.2019 – 31.01.2020, for retransmission of signals of channels of the Petitioner, to the network of the Respondent, in the authorized territory. This agreement was extended, from time to time, vide extension letters, dated 15.06.2020, 30.06.2020, 31.07.2020, 31.08.2020, 30.09.2020, 31.10.2020, 30.11.2020, 29.12.2020, 29.01.2021 till 28.02.2021. This MRP Agreement, alongwith extension letters, is Annexure P/2 (Colly) to Petition.
4. That in terms of new Telecom Regulatory Authority of India (TRAI)
known as ‘NTO-1 Regime’, each and every registered subscriber is liable to be counted for raising invoices by the Broadcaster and thus, it is a fiduciary duty casted upon the Distribution Platform Operator/ MSO that they shall, within seven days from each calendar month, supply complete and accurate Monthly Subscriber Report (MSR) of channels and bouquets of pay channels to the Broadcasters, with whom the written agreement have been entered into, for distribution of Broadcasters Channels.
5. Accordingly, invoices were raised upon the Respondent on the addresses provided by Respondent, recorded in the Agreement. But, it deliberately failed to provide MSR for the months of December 2020, January 2021 and February 2021. It had persistently defaulted in making payments of agreed subscription fees, on the due dates. Thereby, wilful defaulted in making payments to adversely affect the commercial interest of Petitioner. Copy of invoices, along with Statement of Accounts, is Annexure P/3 (Colly) to Petition.
6. Petitioner, on 24.12.2020, vide it’s email, informed Respondent, that the Customer Application Certificate (CAS), submitted by Respondent, is from M/s Laxmi Remote (India) Private Limited, regarding the installation of ‘Only 1 CAS’ server. But, during the audit, conducted for the period 2019-20, it was found that the said ‘Only 1 CAS’ server is not in compliance with Scheduled III of the Telecommunication (Broadcasting and Cable) Services Interconnection (Addressable Systems) Regulations, 2017, and is enabling DPs, such as Respondent in under reporting the correct subscribers to the Broadcasters, which has caused huge loss, in terms of license fee to the Petitioner. This Letter is Annexure P/4 to Petition.
7. Respondent, while sending the Statement of Account
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