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2009 Supreme(Mad) 1575

V.DHANAPALAN, SUDHANSU JYOTI MUKHOPADHAYA
New Galaxy Netcom represented by its Proprietor Mr. A. N. Sathyanarayanan – Appellant
Versus
S. C. V. , represented by its Authorised Signatory, Mr. J. Rajesh – Respondent


Advocates Appeared:
For the Appellant :M. Sundar, Advocate.
For the Respondent:Vijay Narayanan, Senior Counsel, for Girish Neelakandan Advocate.

Judgment :-

V. Dhanapalan, J.

1. Respondent is the plaintiff, who filed the suit for a permanent injunction against the appellant/defendant restraining him from in any way acting in violation of the Franchisee Agreement dated 14.04.2003 and refraining from disconnecting the link or discontinuing the transmission or signals or from in any way taking signals or links from third parties to carry on any competing business directly or indirectly either by themselves or in association with any other persons or through their subsidiary affiliates or by joint venture for the purpose of broadcast or distribution or transmission of any satellite television channels through Community Antenna Television System other than that of the respondent and for costs.

2. Respondent is a Multi System Operator, distributing satellite television channels in Tamil Nadu through Cable Operators by supplying signals to them through the cables installed by him, for which purpose he entered into a Franchisee Agreement with the Cable Operators.

3. Under the Franchisee Agreement, the appellant had undertaken not to discontinue the facility provided by the respondent and not to take the link and distribute the sign

















































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