Sher-E Punjab leased transmission facilities from Corus under a 2019 agreement to operate a Punjabi radio station.
Payment disputes arose due to alleged delays caused by Corus and an oral agreement purportedly excusing fees until Sher-E became operational in late 2020.
Corus issued multiple termination notices, including one in 2024 for $38,319 in unpaid fees.
Issues:
Should Sher-E receive relief from forfeiture to prevent the lease’s termination?
What terms should apply if relief is granted?
Court’s Analysis:
Sher-E’s Conduct: While some lapses occurred, the court found Sher-E’s actions reasonable given delays, disputes, and family bereavement.
Gravity of Breach: The breach involved less than $30,000—minor compared to Sher-E’s $2.3 million site investment.
Disparity of Harm: Termination would cause significant financial loss to Sher-E, including site-specific investments and operational risks, while Corus’s interests could be protected through payment.
Decision:
The court granted relief from forfeiture, reinstating the agreement, with Sher-E required to pay all outstanding amounts within five business days.
Future courts are not bound to grant relief for new breaches.
Costs will be determined if parties cannot agree.
The exact amount for monetary award was not specified.
