Sher-E Punjab Broadcasting Inc. applied for relief from forfeiture of a license agreement with Corus Radio Inc. due to non-payment of fees.
Sher-E had invested significantly in the site and argued that previous non-payments were due to an oral agreement or ongoing disputes, and the most recent default was due to a misapprehension of a credit, family bereavement, and a key person's absence.
The court applied the three-factor test for relief from forfeiture: applicant's conduct, gravity of the breach, and disparity between the forfeited property's value and the damage caused by the breach.
The court found Sher-E's conduct, while not ideal, was not deliberate, the breach amount was small and easily remedied, and the potential harm to Sher-E from termination far outweighed the arrears.
Relief from forfeiture was granted, restoring the agreement, conditional on Sher-E paying all outstanding fees.
