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Judgment
Heard learned counsel for the petitioner and learned counsel for the respondent.
In compliance of the earlier order, the petitioner has filed an affidavit which shows that he has paid 67% of instalment no. 3 and, therefore, the
respondent have not taken any coercive action. The petitioner has also filed alongwith affidavit a copy of the financial details relating to the
petitioner- Movie Plus. The particulars of income and expenses in first two pages of Annexure â€"A are said to be for the month of May 2021. The
remaining pages of that Annexure contains statement of account of a particular account in ICICI bank in the name of the petitioner. As per Income
and Expenses of May’2021, the petitioner has claimed that in order to pay the instalment, the petitioner is falling short of Rs. 84 lakhs
approximately. The bank statement reflects that at the end of the month it has been left with very little money.
On behalf of respondent, Mr Sharma submits that a short reply will be filed during the course of the day explaining the reason why two
extraordinary schemes have been formulated for granting relief to customers like the petitioner during 2021. He further submits that the accounts are
not complete and the bank statement does not reflect direct expenses to the tune of Rs. 19.5 lakhs which may have been incurred in earlier months
and could have been shown by bringing complete accounts and statements. He further points out that the bank statement shows approximately Rs.
25 lakhs being withdrawn in the last week of May 2021 in favour of the petitioner. There is no categorical averment that shows that petitioner has
only one bank account.  According to Mr. Sharma, the materials are not sufficient to show that petitioner has suffered fall in income and is
facing problem in paying the instalment on account of the pandemic and not on account of any other reason such as wrong business choices or mis-
management. According to him, only comparative figures of different months could have shown that there has been any adverse impact because of
the pandemic recurring in 2021. Hence, he submits that no further interim relief be granted unless the petitioner is able to show that it has suffered
financial difficulties only on account of the pandemic and not for any other reason.
Partial relief in respect of instalment no. 3 has been given by the last order. The next instalment will be due in the month of June 2021 which the
petitioner should manage. This Tribunal will consider the matter on the next date when it reopen after the summer vacation.
It will be open for the petitioner to bring on record further sufficient materials, if they exist, to claim further equitable relief.
It will also be open for the petitioner to file a rejoinder to the short reply.
Post the matter for further consideration of interim relief and for disposal, if possible, on 12.7.2021 under the same head.