NEW GALAXY NETCOM Vs. S C V
LAWS(MAD)-2009-5-3
HIGH COURT OF MADRAS
Decided on May 15,2009

NEW GALAXY NETCOM Appellant
VERSUS
S C V Respondents


Referred Judgements :-

SEAFORD COURT ESTATES LTD. V. ASHER [REFERRED TO]
STAR INDIA (P) LTD. V. SEA TV NETWORK LTD. AND ANOTHER [REFERRED TO]
N K JAIN VS. C K SHAH [REFERRED TO]
CELLULAR OPERATORS ASSOCIATION OF INDIA VS. UNION OF INDIA [REFERRED TO]
RAMESH MEHTA VS. SANWAL CHAND SINGHVI [REFERRED TO]
UNION OF INDIA VS. TATA TELESERVICES MAHARASHTRA LTD [REFERRED TO]



Cited Judgements :-

T SAIKRISHNAN VS. NARENDRAN AND ORS [LAWS(MAD)-2013-1-597] [REFERRED]
JAK COMMUNICATIONS PVT LTD VS. SUN TV NETWORK LIMITED [LAWS(MAD)-2010-4-21] [RELIED ON]


JUDGEMENT

- (1.)RESPONDENT is the plaintiff, who filed the suit for a permanent injunction against the appellant/defendant restraining him from in any way acting in violation of the Franchisee Agreement dated 14. 04. 2003 and refraining from disconnecting the link or discontinuing the transmission or signals or from in any way taking signals or links from third parties to carry on any competing business directly or indirectly either by themselves or in association with any other persons or through their subsidiary affiliates or by joint venture for the purpose of broadcast or distribution or transmission of any satellite television channels through Community Antenna Television System other than that of the respondent and for costs.
(2.)RESPONDENT is a Multi System Operator, distributing satellite television channels in Tamil Nadu through Cable Operators by supplying signals to them through the cables installed by him, for which purpose he entered into a Franchisee Agreement with the cable Operators.
(3.)UNDER the Franchisee Agreement, the appellant had undertaken not to discontinue the facility provided by the respondent and not to take the link and distribute the signals of any third parties during the currency of the agreement. Since the appellant, according to the respondent, attempted to commit a breach of the obligations under the Franchisee Agreement, the suit was filed for the relief stated supra.


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