Zee
Turner Limited & Ors. Vs. Tata Sky Limited and Anr. [2008] Insc 82 (23 January 2008)
Dr.
Arijit Pasayat & S.H. Kapadia
O R D
E R
Dr.
Arijit Pasayat & S.H. Kapadia Civil Appeal No. 2374 of 2007 Zee Turner Ltd.appellant
herein has challenged the decision of TDSAT dated 31.3.2007 vide the present
Civil Appeal No. 2374 of 2007.
The
main contention in the Civil Appeal is that under the earlier decision of TDSAT
dated 14.7.2006, Tata Sky Ltd.- respondent herein was obliged to take all 32
channels of the appellant herein as One Product for its DTH Platform at 50% of
rates of the Bouquets applicable to Cable TV Platform.
During
the pendency of the Civil Appeal, TRAI has now framed and notified the
Telecommunication (Broadcasting and Cable Services) Interconnection (Fourth
Amendment) Regulation, 2007 whereby even Broadcaster (including appellant) has
now mandatorily to provide and offer channels on a-la-carte basis, in addition
to Bouquets.
In
view of the said Regulations 2007, nothing survives in Civil Appeal No. 2374 of
2007 because both sides will have to enter into Arrangement in terms of the
said Regulations.
Accordingly
I.A. No. 4 of 2007 moved by the Applicant/Respondent is allowed and the said
Civil Appeal No. 2374 of 2007 stands disposed of with no order as to costs.
Civil
Appeal No. 5038 of 2007 Nothing survives in this civil appeal in view of the
order passed in Civil Appeal No. 2374 of 2007 filed by Zee Turner Ltd..
Accordingly, Civil Appeal No. 5038 of 2007 also stands disposed of with no
order as to costs.
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