PRASAR BHARTI Vs. TOTAL TELEFILMS PVT LTD

JUDGEMENT

(1.) This appeal is directed against the impugned order dated 12th September 2008 passed by the learned Single Judge disposing of WP(C) No. 6721 of 2008 filed by the appellant Prasar Bharti.

(2.) The background to the filing of the present appeal is that the appellant Prasar Bharti, which is a body incorporated under Prasar Bharti (Broadcasting Corporation of India) Act 1990, is carrying on the business of telecasting and broadcasting through its units Doordarshan and All India Radio.

(3.) The appellant executed separate agreements with respondent No.1 Total Telefilms Limited ("Total"), respondent No.2 Charhdikala Publications Pvt. Ltd ("Charhdikala") and respondent No.3 Zee Turner Limited ("Zee Turner") agreeing to carry their channels on its DTH platform for a consideration of Rs. 25 lakhs each, had agreed to carry those private channels on its platform. Similar agreements were entered into with six other private channels. Each of the said agreements was valid for a period of one year, i.e till 6th September 2008. One of the clauses in the agreement stipulated that: