WORLD MEDIA LTD. Vs. PRASAR BHARTI

JUDGEMENT

(1.) THIS objection petition under Section 34 of the Arbitration and Conciliation Act, 1996 challenges the final Award passed by the sole Arbitrator on 28.8.09. By the impugned Award, the Arbitrator has passed an Award for a sum of Rs. 46,85,295/ - in favour of the respondent and against the petitioner being the sum owed to the respondent by the petitioner on account of telecast by the respondent of the programmes of the petitioner such as "Aaj Tak" and "Subah Aaj Tak" between the period October and December, 2000.

(2.) BEFORE I proceed to consider the two main contentions which have been urged by the counsel for the petitioner I may note that against the first Award dated 01.2.08, objections were filed under Section 34 and which objections were dismissed by the order dated 20.8.09 of a learned Single Judge of this Court in O.M.P. 96/2009. An appeal has been filed against the said order of the learned Single Judge and in the appeal numbered as FAO(OS) No. 432/09, though notice has been issued, the present petitioner has been directed to deposit the principal amount of Rs. 83 lacs alongwith interest @ 9% per annum. I am stating this fact at the outset because the order of the learned Single Judge was not filed alongwith present petition, and, one of the arguments advanced is covered by the decision dated 20.8.2009 in the said OMP 96/2009.

(3.) TAKING the second objection first, before I proceed, firstly I would seek to reproduce para 3 of the Award and which runs as under: