1. This Execution Application has been preferred by the original petitioner in Broadcasting Petition No. 499 of 2015.Â
2. It is contended vehemently by counsel appearing for the petitioner that Broadcasting Petition No. 499 of 2015 has already been decided by this
Tribunal vide Judgment and decree dated 28.3.2019 and 12.4.2019 respectively.
3. It is further contended by counsel for the petitioner that principal amount as decreed by this Tribunal to be paid by the respondent â€"Judgement
Debtor is Rs. 59,82,891/- which is to be paid by the Judgement Debtor along with interest @ 9% p.a. with effect from 1.10.2015.Â
4. It is further contended by counsel for the petitioner that the judgment of this Tribunal in Broadcasting Petition No. 499 of 2015 has attained
its finality. No appeal has been preferred by the Judgement Debtor.
5. It is further contented by counsel for the petitioner that after judgment and decree dated 28.3.2019 no amount has been paid by the Judgment
debtor, therefore, the present Execution Application has been preferred.
6. It is further submitted by counsel for the petitioner that time and again orders has been passed in this Execution Application directing the
respondent to make complete disclosure of assets etc., however no compliance has been made. Moreover, no payment has been made by the
respondent as per the judgment and decree of this Tribunal in Broadcasting Petition No. 499 of 2015.Â
7. It is further submitted by counsel for the petitioner that outstanding amount along with interest comes to approximately Rs. 98,62,993/- + Rs.
50,000/- towards the cost which is granted by this Tribunal. Even the cost has also not paid by the respondent.
8. It is further submitted by counsel for the petitioner that the respondent has no desire to make the payment of the decretal amount which they are
deliberately avoiding paying.
9. Counsel for the respondent, submitted upon instructions from their client Mr. G. Kariappa S/o. P. Govindarajulu Kariappa who is present in the
Court (One of the Directors of the respondent) that Rs. 5 Lakhs will be deposited by tomorrow and Rs. 15 Lakhs will be deposited on or before
8.9.2022. Â
10. It is further submitted by counsel for the respondent, upon instructions from their client who is present in the Court, as stated hereinabove, that
they shall file an affidavit of the Director who is present in the Court that they shall make the payment of Rs. 5 Lakhs by tomorrow and Rs. 15 Lakhs
on or before 8.9.2022. A copy of the affidavit shall be supplied to the counsel for the petitioner.Â
11. It is further submitted by counsel for the respondent, upon instructions from their client who is present in the Court, that a schedule of the further
payment of outstanding amount shall also be given on oathâ€"on affidavit.
12. Having heard counsels for both the sides and looking to the facts and circumstances of the case, it appears that respondent has no respect for
justice delivery system. The judgment and decree passed by this Tribunal dated 28.3.2019 in Broadcasting Petition No. 499 of 2015 for Rs.
59,82,891/- along with interest @ 9% p.a. with effect from 1.10.2015 has not been obeyed by the judgment debtor. The judgment debtor has not
preferred any appeal against the judgment and decree passed by this Tribunal in Broadcasting Petition No. 499 of 2015 dated
28.3.2019 and decree dated 12.4.2019. The judgment of this Tribunal which is to be executed has attained its finality.
13. Moreover, the respondent has failed to make the payment of any amount out of the principal amount decreed by this Tribunal. Moreover, in the
reply failed by the respondent in the present Execution Application, no payment schedule has been given by the respondent. Thus, respondent has no
desire to make the payment as per the judgement and decree of this Tribunal in Broadcasting Petition No. 499 of 2015. Bare promises have no
value in the eye of the Law. Respondent expects charity by this Tribunal. It ought to be kept in mind that by the judgement debtor that decree
of this Tribunal has to be complied with. Charity beyond law is cruelty to others.
14. Now, we have called the Registrar of this Tribunal, who is present in the Court. We have directed him to call for the Police Officer from the
nearest Police Station. The Police Officer from Chanakyapuri Police Station, New Delhi is present in this Tribunal.
15. Looking to the provisions of the Code of Civil Procedure (CPC), especially Order 21 Rule 41 (3) to be read with Section 55 of the CPC, we
hereby order to detain Mr. G. Kariappa S/o. P. Govindarajulu Kariappa, one of the Directors of the respondent in a Civil Prison for a period of
three months. The Police Officer from Chanakyapuri Police Station shall take into custody Mr. G Kariappa.Â
16. At this stage, counsel for the respondent again requested to adjourn this matter to 9.9.2022. He submits that Rs. 5 Lakhs will be paid by the
respondent to the petitioner by Bank Draft or RTGS by tomorrow before 12 noon.
17. It is further submitted by counsel for the petitioner that affidavit of Director who is present in this Tribunal, shall be filed during the course of the
day. Rs. 5 Lakhs will be paid by the respondent to the petitioner by tomorrow (2.9.2022) and Rs. 15 Lakhs on or before 8.9.2022. This affidavit
shall be taken on record. Â
18. Hence, till next date i.e. 9.9.2022, we are postponing the direction (as directed in para 15 of this order) of detention of Mr. G. Kariappa S/o. P.
Govindarajulu Kariappa who is one of the Directors of the respondent.
19. Counsel for the respondent is also supplying the names and addresses of the other Directors of the respondent, which is taken on record.Â
20. We, therefore, direct the petitioner to join the following persons who are directors of the respondent as party respondent no.2 to 10. The
amended memo shall be supplied by the petitioner during the course of the day.
21. Notice of this Tribunal upon newly joined respondents who are the remaining Directors of the respondent will be served by the respondent as well
as by the petitioner as well by this Tribunal by any mode including by email/whatsapp. We direct the respondent nos. 2 to 10 to remain
personally present before this Tribunal on the next date of hearing i.e. on 9.9.2022 at 11 a.m.
22. The matter is adjourned to 9.9.2022.
23. Let a copy of this order be sent to D.C.P., New Delhi.
