GOOD MEDIA LIMITED Vs. PRASAR BHARTI

JUDGEMENT

(1.) This order will dispose of the application of the plaintiff for the grant of an injunction restraining the defendant from interfering and/or withholding the plaintiff from broadcasting of its programme for F.M. Channel of All India Radio, Delhi in accordance with the terms of the agreement dated March 16,1998 alleged to have been executed between the parties. The facts in brief are:

(2.) That the plaintiff was broadcasting its programme on the F.M. Channel of the All India Radio, Delhi since November,1993. In 1993 it was decided by the Ministry of Information & Broadcasting to invite private parties to take up broadcasting on the F.M. Channels by allotting various time slots for certain licence fee to be payable by them. On 13.10.1993 on an application made by the plaintiff the Government allotted to it one hour time slot every day except Friday for the city of Delhi from November 1,1993 to August 14,1994. In terms of this licence, the plaintiff commenced broadcasting in November 1993 and has been broadcasting its programme continuously since then as the licence was extended by the Department from time to time. In 1997 the licence of the plaintiff was extended only upto March 31,1998. In the meantime on 13.1.1998 the Department decided to enhance the licence fee w.e.f. 1.2.1998 from Rs.3,000.00 per slot to Rs.10,000.00 per slot for the prime time and from Rs.2,000.00 per slot to Rs.4,000.00 per slot for non-prime time. On January 22,1998 the plaintiff was informed that no more extensions beyond March 31,1998 would be granted to the plaintiff. Certain other parties were also affected by the decision of the Department not to extend their licences beyond March 31,1998 and consequently negotiations were held between the parties on March 16,1998. It is alleged that a valid and binding agreement came into existence between the parties after negotiation on March 16,1998 and the defendant, therefore, filed this suit for specific rformance of the said agreement and for perpetual injunction restraining the defendant from interfering and/or withholding the plaintiff from broadcasting its programme for FM Channel of the All India Radio, Delhi in accordance with the terms of the agreement dated March 16,1998 alleged to have been entered into between the parties.

(3.) By order dated June 24,1998 this Court while giving time to the defendant to file written statement to the suit as well as reply to the application for injunction, directed that there shall be an injunction restraining the Prasar Bharti from preventing the petitioner from broadcasting FM on the basis of the arrangement dated March 16,1998 until further orders.