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The petition filed before the court states that despite several
service agreements in place, INCableNet had consistently failed
to pay up on monthly dues and was in admitted default to the tune
of Rs 40 million.
A statement issued by ESS says the Bombay High Court has admitted
the petition and listed it for hearing on 29 January, 2004.
In the petition, ESS states that it has entered into various service
contract(s) with InCableNet to distribute ESPN and Star Sports channels
in Mumbai and other cities, which it services. InCableNet was to
pay monthly subscription fees.
However, ESS alleges, InCableNet has failed to make payments towards
the subscription fees in accordance with the contract(s). Despite
InCableNet's failure to pay the fees, ESS claims to have kept the
services on and made bonafide attempts to persuade InCable to discharge
their payment obligations.
The petition ends stating, despite several repeated promises and
written commitments, InCableNet has backed out of its promise to
pay the admitted sum of over Rs 40 million.
On 10 November, ESS had discontinued the signals of its channels
ESPN and Star Sports to IIMCL stating that "IIMCL had failed
to pay routine monthly dues, despite repeated collection efforts".
ESS Software VP, affiliate sales, Sricharan Iyengar had pointed
out earlier this month that they had received a letter from IncableNet
CFO Srinivas Palakodeti, who had assured to pay them Rs 30.65 million,
the outstanding amount then. This letter was dated 27 August 2003,
but ESPN has not yet realised the money.
A response on the issue is awaited from InCableNet.
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snaps signals to INCablenet
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