Full Judgment Text
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CASE NO.:
Appeal (civil) 2374 of 2007
PETITIONER:
Zee Turner Limited & Ors.
RESPONDENT:
Tata Sky Limited and Anr.
DATE OF JUDGMENT: 23/01/2008
BENCH:
Dr. Arijit Pasayat & S.H. Kapadia
JUDGMENT:
JUDGMENT
O R D E R
Dr. Arijit Pasayat & S.H. Kapadia
Civil Appeal No. 2374 of 2007
Zee Turner Ltd.\026appellant 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.