(July 20, 2001) 2001 (TLS)125219

2001-DLT-92-842 :: 2001-AD (Del)-5-708

BUDDHA FILMS PRIVATE LIMITED Vs. Prasar Bharti

J. D. Kapoor

( 1 ) THROUGH this petition under Section 9 of the Arbitration and conciliation Act, 1996 read with Order 39 Rules 1 and 2,civil Procedure Code, the petitioner has sought interim injunction by way of restraining the respondent from super- imposing any Logo, commercial and branded graphics which is not supplied by the petitioner on the telecast of the cricketing match during the term of the contract and to telecast only such Logo, commercial and branded graphics which are supplied or provided by the petitioner.

( 2 ) THE short controversy involved for determination is whether the website address www. dd. now. com. displayed during the domestic telecast of the cricketing events which admittedly is in the form of super-imposition and passes through on the bottom of the screen every half an hour is merely a graphic without any commercial value or is a branded graphic with commercial value.

( 3 ) THE facts germane for the aforesaid contentious issue lie in moderate compass.

( 4 ) THE Board of Control for Cricket in India (hereinafter referred