MODI ENTERTAINMENT PVT. LTD. Vs. PRASAR BHARATI

JUDGEMENT

(1.) Background facts

(2.) In terms of the DA, MEN was to re-license the distribution and exhibition of the aforesaid two channels through affiliates (cable operators, hotels, institutions and individual homes.) The DA was for a period of five years i.e., up to 30th Sept., 2005 with a renewal clause. The liability of MEN to share the revenue generated was to commence from 15th Sept., 2000.

(3.) According to MEN, it entered into the DA with PB owing to the commercial potential of distributing DD News and DD Sports as "an exclusive bouquet of encrypted channels". It is stated that DD Sports Channel only seasonal and the demand depended on the popularity of the sporting events being telecasted. Demand for news was expected to be constant. It is further stated that at the time of entering into the DA, PB assured MEN that it would make the contents of DD Sports attractive by promoting and telecasting important sports events. A programming line-up of both international and domestic events, was set out in Annexure-I to the DA.