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Judgment
This Petition, under Section 14 read with 14A, of the Telecom Regulatory Authority of India Act, (hereinafter referred to as TRAI Act) had been filed by Asianet Satellite Communications Ltd., Petitioner, against M/s Jeevan Telecasting Corporation Limited, Respondent, with a prayer for a decree in favour of Petitioner, against Respondent, for a sum of Rs. 1,95,88,705/- (Rupees One Crore Ninety Five Lakhs Eighty Eight Thousand Seven Hundred Five Only), outstanding towards carriage fee, upto 31.05.2016, with an amount of Rs. 68,55,109.04/-(Rupees Sixty Eight Lakhs Fifty Five Thousand One Hundred Nine and Paisa Four only) towards interest, calculated @ 18% per annum, over above principal amount of outstanding subscription carriage fee, upto 31.05.2016, with a further prayer for amount of Rs. 2,20,40,000/-(Rupees Two Crores Twenty Lakhs Forty Thousand Only), towards balance carriage fee for period 2016 – 2017. An interest in the tune of 18% per annum over it, amounting to Rs. 2,64,43,814.04/- (Rupees Two Crores Sixty Four Lakhs Forty Three Thousand Eight Hundred Fourteen and Paisa Four Only), with future award of pendente lite and future interest, from 01.06.2016 till actual date of payment.
This Petition No. 391 of 2016, was got decided on merit with a decree in it of award of Rs. 1,05,68,330/- (Rupees One Crore Five Lakhs Sixty Eight Thousand Three Hundred Thirty Only), towards a principal due, with a pendente lite and future simple interest, @ 9% per annum over above principal amount, till actual date of payment, in favour of Petitioner, as against Respondent.
This was assailed in Civil Appeal No(s). 10714 – 10715 of 2026 by Asianet Satellite Communications Ltd., the present Petitioner, who was Appellant before Hon’ble Apex Court, wherein, this Civil Appeal No. 10714, as well as 10715 of 2026 filed in BP No. 391 of 2016, and RA No. 10 of 2023, alongwith Civil Appeal No. 4690 of 2026 in RA No. 7 of 2023, as well as Civil Appeal No. 10726 of 2026 in BP No. 391 of 2016, was decided by Hon’ble Apex Court and order was placed on 03.09.2026, before this Tribunal, for ensuring compliance of same.
This Tribunal had decided BP No. 391 of 2016, vide its Judgment, dated 09.08.2023, wherein the principal amount decreed was Rs. 1,05,68,330/- (Rupees One Crore Five Lakhs Sixty Eight Thousand Three Hundred Thirty Only), towards principal, alongwith pendente lite and future simple interest, @ 9% per annum, over and above principal amount, till the actual date of payment, for making payment to Petitioner-Asianet. The Judgment of this Tribunal was challenged in above those mentioned appeals by both side, which were heard and decided by Hon’ble Apex Court, wherein Civil Appeal Diary No. 16455 of 2026 filed by Judgment debtor i.e., JTCL, was got dismissed and Civil Appeal Diary No. 70934 of 2025 and Civil Appeal No. 4690 of 2026, were got disposed of in aforesaid terms given in the Judgment.
The principal amount adjudged has been confirmed by the Hon’ble Apex Court. The rate of interest awarded i.e., simple interest @ 9% per annum, had also been upheld. The interest for pendente lite and future period, till the date of actual payment at above rate of 9% per annum simple interest, had also been confirmed. The question remained for disposal by this Tribunal had been held to be the calculation with regard to pre-suit interest, till the date of filing of this Petition, as it was there in clause 2.2 of the agreement entered, in between.
Hon’ble Apex Court had further specified that the agreement was with a covenant of 18% per annum interest, as a penal interest, for delayed payment or payment in staggering manner. But, as was held by this Tribunal, for a reasonable and equitable interest, @ 9% simple interest per annum, will be reasonable for adjudging pre-suit interest and is to be calculated on that principle. Hence, the only limited jurisdiction, given to this Tribunal, in above appeal judgment, is with regard to calculation of interest of pre-litigation, upto the date of filing of this Petition, and the direction is for giving opportunity to both side for filing their computation for that head of pre-suit interest @ 9% simple interest per annum. Thenafter for hearing both side, this is to be decided by this Tribunal and that amount, which comes as pre-suit interest, is to be added in the decretal amount as a principal amount, for determining subsequent pendente lite and future interest @ 9% simple interest over it.
The opportunity to file computation was to be given, but, the same was with a liberty to this Tribunal to adjudge, in light of previous calculations, if filed on record, and qua this subsequent computation, to be filed by both side, in the light of interest of justice and preponderances, previously filed on record.
Hence, the one opportunity for filing computation in above regard, as per direction of Hon’ble Apex Court, was given for a week i.e., till 10th September 2026 after exchange of same, in between, by both side vide order, dated 03.09.2026, and the matter was to be heard finally on today i.e., 15.09.2026. There was further specification made vide above order by this Tribunal, that this proceeding before this Tribunal is a Civil proceeding given in TRAI Act, and pleadings are the facts, which are pleaded before this Tribunal as the pleadings of a Civil suit. Facts pleaded are to be proved as per rule of evidence, specifically in view of burden of proof, and onus of proof. Hence, the computation to be filed, ought to be in accordance with the facts pleaded previously, and not to be of any effect other than the pre institution interest, specifically given under direction of Hon’ble Apex Court in above appeal, which vest jurisdiction of this Tribunal for deciding, in view of above appellate jurisdiction direction. Otherwise, the Tribunal has decided the Petition and the Judgment has been confirmed by Hon’ble Apex Court in above appeal subject to above direction for limited sphere.
Learned Counsel for Petitioner had filed its computation chart, on behalf of Petitioner, in compliance of above direction, specifying the due and the deposit made by Respondent, with a balance incurring penal interest, liability in view of clause 2.2 of agreement entered, in between. The same, given in the chart, is exactly the calculation appended with Petition, as Annexure P-7 and P-8 Colly, but, is half of the penal interest previously calculated, @ of agreed 18% per annum, but now calculated half, because of the interest awarded by this Tribunal in main Judgment, and confirmed by Hon’ble Apex Court in Appeal to be of 9% simple interest per annum, payable in the head of interest. The interest previously claimed in Petition, as a pre institution interest pleaded, contested and decided was @18 % per annum, agreed in the agreement, which was undisputed one.
But, the contest was with regard to exorbitant rate of interest and this Tribunal had awarded interest @ 9% per annum simple interest, to be paid towards the dues and this interest had been affirmed by Hon’ble Apex Court in above appeal. Hence, the calculation has been reduced to half of the claimed penal interest, and it had now been Rs. 34,27,555/- (Rupees Thirty Four Lakhs Twenty Seven Thousand Five Hundred Fifty Five Only), and it is being claimed towards the head of penal interest accrued pre institution period interest, as had been provided by Hon’ble Apex Court and directed to be calculated.
Learned Counsel for Respondent had not filed any calculation/computation, rather, he is claiming for a time, for filing for it. But, apparently the rate of interest and amount due, till the filing of this Petition was pleaded since the very beginning in the Petition and were contested in reply, then reiterated in replication and after the main Judgment passed in this Broadcasting Petition, the review was filed by both side, contesting the same rate of interest, and this Tribunal had decided all those aspects. Thenafter these were pleaded and raised before Hon’ble Apex Court in above appeal too, and the direction for this limited sphere of calculation and award of pre litigation interest was given, wherein this exercise is being made.
The Affidavit, filed in reply of additional affidavit, filed by Petitioner, after the furnishing of evidences of both side, in the circumstances of making payment by Respondent, wherein, the amount was got calculated, the clear cut admission by Respondent, in its reply affidavit dated, 17.04.2023, is of balance to be paid till March 2017 to the tune of Rs. 1,41,18,605/-, whereas the affidavit filed by Petitioner on 25.02.2023, is of mention of outstanding balance of Rs. 1,05,68,330/-, remained due towards principal head, after making payment by Respondent, and on the basis of these admitted facts, and affidavit filed in that regard, the award of Rs. 1,05,68,330/-, towards principal amount was got ordered. This difference of about Rs. 36 lakhs and odd admitted by Respondent, in favour of Petitioner, is with regard to this interest only, which were calculated towards pre filing stage coupled with interest accrued, till 31.03.2017, and by adding this pre filing penal interest of the tune of Rs. 34,27,555/-, this figure tallies with each other. The claimed principal amount plus penal interest as per S.I. 9% p.a., till filing of suit plus accrued pendente lite and future interest will come to that quantity, which has been admitted by Respondent in its reply. Hence, the calculations, previously filed on record, as well as computation filed, after order of Hon’ble Apex Court is of full proof with regard to calculation of pre filing interest, including the penal interest till filing of this petition to be of Rs. 34,27,55/- only. Accordingly, this pre institution interest i.e. penal interest, as per clause 2.2 of the agreement, is being calculated to be of Rs. 34,27,555/- only, in favour of Petitioner against the Respondent.
As per directions of Hon’ble Apex Court, this interest accrued for pre filing period will be added in the decree as a principal one, over which, a simple interest @ 9% p.a pendente lite and future, is to be calculated. Hence, this direction of Hon’ble Apex Court, is being further included in the decree.
Accordingly, office is being directed to frame a decree in this broadcasting petition in the tune of award of Rs. 1,05,68,330/- only (Rupees One Crore Five Lakh Sixty Eight Thousand Three Hundred Thirty only), as a principal balance towards carriage and placement charges, plus Rs. 34,27,555/-, (Rupees Thirty Four Lakhs Twenty Seven Thousand Five Hundred Fifty Five Only) towards the head of pre filing interest i.e. penal interest @ S.I 9% p.a, as per clause 2.2 of the agreement, alongwith pendente lite and future interest from the date of petition, to actual date of payment @ 9% p.a. simple interest, over above both head accounts, to be paid by Respondent to the Petitioner, within two months of judgment, by way of depositing in the Tribunal, for making payment to the Petitioner.
This judgment passed on today will become part of the previous judgment as a continuous one. The previous framed decree stands amended as above.
Formal decree /order be got prepared by office, accordingly.