INTERNATIONAL CABLE TV NETWORK Vs. SET DISCOVERY PRIVATE LTD

JUDGEMENT

(1.) THE Petitioner in this case claims to be a Multi System Operator (MSO) having its main head-end control room at Shop No. 14, Sagar Ganga Shopping Centre, Adi-Udipi. THE Petitioner contends that it provides services in the area of Adi-Udipi, Malpe and its surrounding areas and is primarily engaged in the business of receiving and distributing satellite television and broadcasting signals. It is contended in the Petition that out of the approximate population of 3000 families in that area there are 1900 families connected to cable television, out of them Petitioner provides cable connection to around 450 subscribers either directly or through its local cable operators. THE Petitioner in its further pleadings has also contended that it is receiving and distributing signals of other broadcasters as an MSO like the Star group, Telenet Systems, Modi Entertainment Network etc. It has produced receipts given by the above mentioned broadcasters to establish the fact that it is an MSO and not just a cable operator.

(2.) The complaint of the Petitioner in this Petition is that even though it approached the Respondent for receiving its signals of various channels, the Respondent avoided giving signals directly to the Petitioner. On the contrary, respondent wanted the Petitioner to take signals through respondent's favoured MSO operating in the same area thereby refused to give signals directly to the Petitioner. According to the Petitioner, action of the respondent in unilaterally refusing to grant signals is arbitrary and contrary to the business practice.

(3.) THE points which arise specifically on the pleadings in this Petition which have not been dealt in the Sea TV case (supra) are as follows:-