MSM DISCOVERY PRIVATE LIMITED Vs. UNION OF INDIA

JUDGEMENT

(1.) THE challenge in this petition is to an order dated 16th December 2010 passed by the Telecom Disputes Settlement and Appellate Tribunal ('TDSAT') declining the Petitioner's prayer for an ad-interim injunction in Petition No. 422(C) of 2010.

(2.) THE Petitioner is a broadcaster within the meaning of the provisions of the Telecommunication (Broadcasting and Cable Services) Interconnection Order, 2004. It entered into an agreement ('Term Sheet') for carriage of the channels of the Respondent No. 2 New Delhi Television Ltd. ('NDTV') on 1st April 2005. By amendments made to the said agreement, the Petitioner agreed to perform its obligations for a fixed fee.

(3.) BY the impugned order, the TDSAT declined the prayer for ad-interim relief. It held that a combined reading of Sections 14(1)(a) and (c) and Section 41(e) of the Specific Relief Act, 1963 ('SRA') revealed that no ad- interim mandatory injunction would be granted when the aggrieved party could be sufficiently compensated in terms of money. The TDSAT held that the Petitioner had failed to establish a prima facie case for grant of an ad-interim mandatory injunction. It was further held that the validity and illegality of the action of the parties could be adjudged only after the case had been finally heard. The balance of convenience was also not in favour of the Petitioner.