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(2006) 4 Supreme Court Cases 130 (1)
(BEFORE ARIJIT PASAYAT AND R.V. RAVEENDRAN, JJ.)
STAR INDIA (P) LTD. (1) - Appellant
Versus
SEA TV NETWORK LTD. AND ANOTHER - Respondents
Civil Appeals No. 5524 of 2005 with Nos. 023197 of 2005, 358 and 871 of 2006,
Decided on February 1, 2006
Regulations - Non-discriminatory treatment and non-prejudice in competition - Star India Pvt. Ltd. - Sea TV Network Ltd. - The court directed Star India Pvt. Ltd. to provide connection to Sea TV Network Ltd. on receiving payment, consider the grievance of Sea TV Network Ltd., and explore the possibility of an acceptable arrangement, in line with the objective of the 2004 Regulations.
Fact of the Case:
The court directed Star India Pvt. Ltd. to provide connection to Sea TV Network Ltd. on receiving payment and consider the grievance of Sea TV Network Ltd.
Finding of the Court:
The court directed Star India Pvt. Ltd. to explore the possibility of an acceptable arrangement and work out the details in line with the objective of the 2004 Regulations.
Issues: Claims being examined in the appeals, connection provision, grievance consideration, non-discriminatory treatment, non-prejudice in competition.
Ratio Decidendi: The court emphasized the objective of the 2004 Regulations, i.e., non-discriminatory treatment and non-prejudice in competition, and directed Star India Pvt. Ltd. to act accordingly.
Final Decision: The court directed Star India Pvt. Ltd. to provide connection to Sea TV Network Ltd., consider the grievance, and work out the details in line with the objective of the 2004 Regulations.
ORDER
1. Heard learned counsel for the parties.
2. Without prejudice to the claims that are being examined in these C appeals, let Star India Pvt. Ltd. provide the connection to Sea TV Network Ltd. on receiving payment of Rs 5,00,000 (rupees five lakhs only). A bank draft of Rs 5 lakhs has been handed over to learned counsel for Star India Pvt. Ltd. The signals shall be given by tomorrow. Further, Star India Pvt. Ltd. shall consider the grievance of the respondent Sea TV Network Ltd. and explore the possibility of an acceptable arrangement. It shall hear the d respective views of Sea TV Network Ltd. and Moon Network Pvt. Ltd. and if possible work out the details as to in which way the claim of Sea TV Network can be worked out keeping in view the objective of the 2004 Regulations i.e. the non - discriminatory treatment and non - prejudice in competition. The decision to be taken by Star India Pvt. Ltd. shall be placed before us on the next date of hearing.
3. List the matters on 21 - 2 - 2006.
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