FASHION TELEVISION INDIA PRIVATE LIMITED Vs. FTV BVI

JUDGEMENT

(1.) Aggrieved by an order dated 20th October 2011 passed by the Arbitral Tribunal under Section 17 of the Arbitration and Conciliation Act, 1996 ('Act'), the Fashion Television India Private Limited (hereinafter 'the Appellant') has filed Arbitration Appeal No. 14 of 2011 against the Respondent FTV BVI under Section 37(2)(b) of the Act. The Appellant has also filed O.M.P. No. 809 of 2011 under Section 9 of the Act for directions to the Respondent to comply with the Memorandum of Agreement ( 'MOA') dated 9th August 2001 with the Petitioner and not act in furtherance of an Agreement dated 19th April 2011 between the Respondent and Media Network of Distribution (India) Ltd. without first giving an opportunity to the Appellant in terms of Clause 21 of the MoA dated 9th August 2001.

(2.) Since both the appeal and the petition arise out of the same facts between the same parties, they have, with the consent of the parties, been heard together.

(3.) Modi Entertainment Network Ltd. ('MEN') and the Respondent entered into the MOA on 9th August 2001 whereunder the Respondent appointed MEN as its sole and exclusive distributor in the Territory, i.e., India, Pakistan, Bangladesh, Nepal, Bhutan, Sri Lanka and Maldives, for distribution of the Respondent's international and crypted fashion channels through cable and satellite, through its sales distribution network, carrying a mixture of international and India specific programmes, as mutually decided by the parties. The Respondent also appointed MEN as sole and exclusive air-time sales representative in the Territory to undertake sales of advertising time on the channel. MEN was also appointed the sole and exclusive distributor for merchandising and licensing of the Respondent's products on a revenue sharing basis and the sole and exclusive distributor for internet including programme sales in the Territory.