Star India Pvt Ltd vs Sarveshwar Media Pvt. Ltd Ors

Proposed Issues have been filed on behalf of the parties which are available on record of the case.

Heard the learned counsels appearing on behalf of the parties and perused the record of the case, and in the light of the material available on record of the case, the following Issues are settled:

ISSUES

i. Whether the Petitioner is entitled to a decree for recovery of Rs.1,89,88,214/- along with interest thereon from Respondent No.1 ?

ii. Whether the Respondent No.1 has breached the terms of the Interconnect Regulations by indulging in illegal and unauthorized re-transmission of the Petitioner's channels by using STBs of Respondent No.2 and further by using cloned STBs to cause wrongful loss to the Petitioner ?

iii. Whether the Petitioner is entitled to a decree for an amount of Rs.1.0 Crore on the basis the admission made by Respondent No.1 vide its e-mail dated 8.8.2019 towards the losses caused to the Petitioner on account of piracy committed by Respondent No.1 and further for a direction for cancellation of DAS license of the Respondent No.1 issued by the Ministry of Information and Broadcasting ?

iv. Whether the system of Respondent No.3 namely, Logic Eastern is not in compliance with the requirements under Schedule-III of the Interconnect Regulations and thus capable of being hacked facilitating piracy ?

v. To what other relief / reliefs the Petitioner is entitled to ?

Four weeks time is prayed and allowed to the Petitioner to file their evidence affidavits. The Respondents may file their evidence affidavits within four weeks thereafter. Let the matter be listed for "Directions" on 20th September, 2023.