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2013 Supreme(Del) 1288

N.V.RAMANA, PRADEEP NANDRAJOG
ESPN Software India Pvt. Ltd. – Appellant
Versus
Prasar Bharti – Respondent


Advocate Appeared:
For the Petitioner:Sudhir Chandra Agarwala, Sr. Advocate instructed by Saikrishna Rajagopal, Gopal Jain, SidharthChopra, Ms. Sneha Jain, Ms. Savni Dutt, Advocates.
For the Respondents:R1, Paras Kuhad, ASG assisted by Rajeev Sharma, Uddyam Mukherjee, Sahil Bhalik, Ms. Phaguni N. Lal, R2, Ruchir Mishra, Advocate with Sanjiv Saxena, Mukesh Tiwari, Ramneek Mishra, Advocates.

Judgment :

Pradeep Nandrajog, J.

1. Petitioner, ESPN Software India Pvt. Ltd. claims to be the sole and the exclusive distributor of some sports channels in India which inter-alia include ESPN, STAR Sports, Star Sports 2 and STAR Cricket. It is claimed by it that said channels telecast sporting events such as ICC Cricket, BCCI Cricket, Formula 1, Barclays Premier League Football, ICC Cricket World Cup and Wimbledon.

2. Stating that organizers of sporting events incur huge expenses in organizing sporting events and recoup the revenue spent, through advertisements and sale of rights related to the event; the scope of the writ petition is said to be limited to television broadcasting rights.

3. Claiming to have acquired the broadcasting rights for the Indian Territory from International Cricket Council to broadcast cricket events organized by International Cricket Council, the petitioner states that it receives the feed from the organizer of the event which becomes the broadcast when the live signal is uploaded and downloaded and using the spectrum permitted to be used by the Government of India it reaches the consumer through the television set.

4. The issue concerns the legal obliga



































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