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2022 Supreme(Del) 815

YASHWANT VARMA
Amazon Seller Services Pvt. Ltd. – Appellant
Versus
Dish TV India Ltd. – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Mr. Maninder Singh and Mr. Rajiv Nayar, Sr. Advs. with Mr. Sai Krishna Rajgopal, Mr. Sidharth Chopra, Ms. Sneha Jain, Ms. Ruby Ahuja, Mr. Yatinder Garg, Ms. Rimjhim Tiwari, Mr. Akshay Aggarwal and Ms. Savmi D Endlow, Advs.
For the Respondent: Mr. C A Sundaram, Sr. Adv. with Ms. Tajveer Singh Bhatia, Mr. Roham Swarup and Mr. M. Kunal Vats, Advs., Mr. Rajeev Sharma, Sr. Adv. with Ms. Shruti Sharma, Mr. Saket Chandra and Mr. Pranav Giri, Advs., Mr. Meet Malhotra, Sr. Adv. with Ms. Ritwika Nanda, Ms. Petal Chandhok, Mr. Ajay and Ms. Richa, Advs. for Siti Networks Ltd. Mr. Jayant Mehta, Sr. Adv. with Mr. Counsel

JUDGMENT :

Yashwant Varma, J.

1. Amazon Seller Services Private Limited has approached this Court assailing the order dated 24 November 2022 passed by the Telecom Disputes Settlement and Appellate Tribunal, TDSAT on a petition preferred by the first respondent. Broadcasting Petition No. 504/2022 came to be preferred before the TDSAT assailing the action of Prasar Bharati, the second respondent in this petition, which had proceeded to encrypt the DD Sports channel with effect from 22 November 2022. The grievance raised was that the DD Sports channel had remained a Free-To-Air, FTA channel right from 2013 in light of a notification issued by the Union Government dated 06 September 2013 in exercise of powers conferred by Section 8(1) of the Cable Television Network (Regulation) Act 1995, the 1995 Act. Section 8 of the 1995 Act empowers the Union Government to specify the names of those Doordashan channels or channels operated by or on behalf of Parliament to be mandatorily carried by cable operators in their cable service. Undisputedly, DD Sports is one of the channels which finds mention in the said notification. It is also admitted to parties that the aforesaid notification has neithe

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