Sky News Media Pvt Ltd vs Tata Sky Ltd

Petition is admitted for hearing.  No notice need be issued because respondent is represented by Mr. Tanmaya Mehta.  Learned counsel for the petitioner has pressed for interim relief as prayed in the petition.  The same is vehemently opposed by learned counsel for the respondent.  The stand of the respondent is that petitioner has not come with clean hands;  it had earlier moved  Hon'ble High Court of Telangana through a Writ Petition in the year 2020 which was dismissed as withdrawn on 6.11.2020 (Annx. P-13) and the respondent has long back acted upon the notice of disconnection dated 15.9.2020 (Annx. P-7) and, as a result, petitioner's channel has been discontinued on the respondent's platform since 5.10.2020. Further stand of the respondent is that as per disconnection notice, the petitioner was a defaulter for Rs. 49,19,999.96 for billing upto September 2020 and he is not entitled therefore either to reconnection when the earlier agreement has already expired nor  is he entitled to a new agreement because of being a defaulter.

In reply, learned counsel for the petitioner has submitted on instructions that the petitioner is willing to pay the amount mentioned in the disconnection notice but without prejudice and only on account because petitioner has raised various issues as to the validity of the said demand.  On behalf of petitioner it has also been made clear that petitioner is no longer interested in having Channel Placement Agreement from the date of reconnection and it is seeking only a Carriage Agreement as per RIO and  relevant Regulations but keeping in view the provisions for placing the channel as per their genre.

Considering the various objections raised on behalf of the respondent and the stand of the petitioner noted above, it appears necessary to give an opportunity to the respondent to file a reply to bring on record all the relevant materials in support of the demand indicated in the disconnection notice of  15.9.2020.  Let that be done by filing a reply within four weeks. Rejoinder, if required, may be filed within two weeks thereafter.

Only because petitioner is willing to pay the dues indicated in Annx. P-7, the disconnection notice, the respondent is directed to complete the necessary formalities as per Regulations and grant a Channel Carriage Agreement to the petitioner unless it has  valid defence that it has no spare capacity  to carry the channel. A decision, if taken against the petitioner,  must be communicated to the petitioner within the said period of two weeks and brought on record at the earliest.  If the decision is in favour of the petitioner, it shall be given effect to as soon as petitioner pays the amount indicated above.  Such payment will of course be without any prejudice to the claim of the petitioner in this petition and shall be only on account to abide by further orders of this Tribunal.

Post the matter  under the head "For Directions" on 13.1.2022.

It will be open for the petitioner to mention the matter for early listing in case the interim decision is against it.