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2005 Supreme(Del) 1168

SWATANTER KUMAR
Prasar Bharti – Appellant
Versus
Sahara TV Network Pvt. Ltd. – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Rajeev Sharma and Vijay Chauhan, adv
For the Respondent: K.K. Khurana and Vaibhav Dang, Radha Rangaswami, Pratibha M. Singh and Shruti Kakkar, Adv.

JUDGMENT :

Swatanter Kumar, J.

Arguments in the present case have been addressed for quite sometime. It is likely to take further time. The contention raised on behalf of defendant, particularly by defendants No. 3 & 4 is that the injunction order passed by this Court is seriously prejudicing their interest. They further prayed that at least for the remaining two matches of India-South Africa Series, the interim order may be varied. The parties have raised serious issues of facts and law. It may not be possible to conclude the hearing and pronounce the orders today itself. Furthermore the Court is of the considered opinion that this matter involves certain technical notices in regard to capacity of Parsar Bharti to frame its regulations, BCCI's power to put an absolute bar or any other such bar, which may be unfair. The BCCI having given its rights for the two series in question to the Parsar Bharti has retained its copyright, is not really raising any serious objections either way. It must be noticed that the News Channels cannot be treated at parity with total commercial channels and they must act in a larger interest of the public in ensuring that the cricket news reaches all part

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