PRASAR BHARATI Vs. B4U MULTIMEDIA INTERNATIONAL LTD

JUDGEMENT

(1.) Prasar Bharati (Broadcasting Corporation of India) challenges the Award dated 17 th December, 2008 passed by the Sole Arbitrator in the dispute between it and THE Respondent, B4U Multimedia International Ltd., arising out of an Agreement dated 15 th November, 2000 between the parties.

(2.) The Petitioner states that in the year 2000 negotiations took place between the parties during which the Respondent offered to the Petitioner films in which it owned right for telecast on its Doordarshan Worldwide ( DD Worldwide ) Channel. According to the Petitioner the Respondent stated that since it had rights in the films only for territories outside the Union of India, the Petitioner would have to encrypt the signals of DD Worldwide so that the films were not available to viewers in India.

(3.) An agreement was entered into between the parties on 15 th November, 2000 under which the Respondent granted to the Petitioner exclusive, and except as hereunder provided, irrevocable right to broadcast the Titles on DD Worldwide Services (DD Worldwide) Channel in all the territories except in Union of India on terms and conditions contained herein, provided, however that, any downlinking and broadcasting of the encrypted signal of the telecast by any unauthorized persons/companies/entities shall not constitute a breach of this Agreement whatsoever by Prasar Bharati . The Titles , i.e. the films offered for telecast, were listed in Schedule I and II to the Agreement. For the Titles in Schedule I, the Petitioner had to pay the Respondent a lump sum consideration of Rs.3 lakhs per film whereas for the Titles in Schedule II it had to pay a lump sum amount of Rs.6 lakhs per film.