NIMBUS TELEVISION AND SPORT Vs. DIRECTORATE GENERAL DOORDARSHAN

JUDGEMENT

(1.) PETITION admitted. By consent it is taken up for hearing forthwith. Heard Mr. Menon for the petitioners and Mr. Vyas, standing counsel for the respondents. This is a petition under S. 9 of the Arbitration and Conciliation Act, 1996 seeking interim reliefs. The subject matter of the present petition is really a matter of reference to arbitrator as per the arbitration clause contained in the agreement and the petitioners have invoked the said clause by writing letter to the respondents on 11th October 1997 as per Exhibit-AI wherein names of certain retired Judges of this court are proposed.

(2.) PETITIONER No.1 is a partnership firm carrying on business as a producer of television serials and film based television programmes. A countdown musical show titled "superhit Muqabla" is a slotted programme on Sundays between 9 PM and 10 PM, which is the subject matter of the present controversy. PETITIONER No.2 is a company incorporated under the Companies Act, 1956 engaged in the business of producing, marketing and telecasting diverse television programmes. The respondents are the authorities controlling national television. Respondent No.2 is the Director General of respondent No.1, the Directorate General, Doordarshan. Respondent No.2 is the Director of Bombay Centre of respondent No.1.

(3.) ACCORDING to petitioners, prior to 15th November 1996 the Additional Spot Buys by private producers attracted a surcharge upto 25% over the spot buy rate. If, however, the producer undertake to pay large amount of ASBs by way of minimum guarantee (MG) every week, the premium was waived. Thus all programmes opting for the MG system would be entitled to a discount based on volume of ASBs and this principle according to petitioners was applicable to all programmes including their Superhit Muqabla. There were other facilities like banking of unutilized air time to use it. Thus the petitioners were telecasting their programme 'superhit Muqabla' since 1993 in a slotted period from 9 PM to 10 PM on every Sunday and this programme received high viewership and was rated as the best. It was the first programme to obtain maximum ASBs of 180 seconds as FCT over and above 540 seconds.