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2006 Supreme(SC) 1181

Hotel and Restaurant Association – Appellant
Versus
Star India – Respondent


Advocates Appeared:
Arun Jaitely, K. K. Venugoal, Sr. Advocates, P. H. Parekh, Sameer Parekh, S. R. Kumar, Ms. S. Sharma, Ms. Rukhmini (for M/s. P. H. Parekh and Co.), Rishi Agrawala, Ankur Talwar, Mahesh Agarwal, E. C. Agrawala and Rajeev Kumar Bansal, Advocates with them for Appellants; Dushyant Dave, Ashok Desai, Sr. Advocates, Gopal Jain, Ms. Ruby Singh Ahuja, Ms. Kanika Agnihotri, Mrs. Manik Karanjawala, N. Ganpathy, Manish Singh, Ms. Sushma Manchanda, Aditya Narain, Maninder Singh, Mrs. Pratibha M. Singh, Gaurav Sharma, Tejveer Bhatia, Yoginder Handoo, Sanjay Kapur, Mrs. Shubhra Kapur, Rajiv Kapur, Ms. Arti Singh, Jay Savia and Ms. Reena Bagga, Advocates with them for Respondents.

Judgement

S. B. SINHA, J.:- Appellants are members of Hotel Association of India and Hotel and Restaurant Owners Association (Western India), EIH Limited and Eastern International Hotels Ltd. The members of Hotel Association of India are owners of big hotels whereas the members of Hotel and Restaurant Owners Association (Western India) are owners of small hotels. They provide television services to their guests. Respondents herein are broadcasters or distributors. The television services provided for by the broadcasters to the actual consumers are carried through distribution of Cable or Multi System Operators (MSOs). Whereas ordinarily in the small hotels cable operators give signal to all the rooms wherefor separate charges are levied; the services provided in the big hotels are through an equipment installed for the said purpose known as Head End. The signals are received through satellites. They have contracts with the broadcasters directly.

2. The Parliament enacted the Cable Television Networks (Regulation) Act, 1995 (for short "the 1995 Act") to regulate the operation of cable television networks in the country and for matters connected therewith or incidental thereto.

3. "Cab

















































































































































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