Delhi High Court - Orders
M/S Ishwar Media Pvt. Ltd. And Anr vs Prasar Bharti on 21 March, 2023
Author: Prathiba M. Singh
Bench: Prathiba M. Singh
$~67
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 3568/2023 and CM APPL. 13818/2023, 13819/2023
M/S ISHWAR MEDIA PVT. LTD. AND ANR. ..... Petitioners
Through: Mr. Rajshekhar Rao, Sr. Advocate
with Mr. Abhishek Malhotra, Ms.
Shilpa Gamnani, Ms. Atmaja
Tripathy and Mr. Harshil Wason,
Advocate. [M:8806230299]
versus
PRASAR BHARTI ..... Respondent
Through: Mr. Rajeev Sharma, Sr. Advocate
with Ms. Shruti Sharma, Mr. Saket
Chandra & Mr. Pranav Giri,
Advocates.
CORAM:
JUSTICE PRATHIBA M. SINGH
ORDER
% 21.03.2023
1. This hearing has been done through hybrid mode.
2. The Petitioners, M/s Ishwar Media Pvt. Ltd. and its promoter- Mr. Arpan Gupta, have filed the present writ petition challenging the refusal of permission by the Respondent- Prasar Bharti to participate in the e-auction process for MPEG-2 slots, to be placed on Respondent's DTH platform 'DD Free Dish'.
3. The case of the Petitioner No.1 is that it runs 'Sadhna Gold' TV channel, which is claimed to be a Gujarati channel and it had vide letter dated 6th March, 2023 applied for participation in the 5th annual e-auction process announced by Prasar Bharti for allotment of MPEG-2 Bucket R-1 slots in the Gujarati language /genre category. As per Petitioner No.1, it had Signature Not Verified Digitally Signed By:DEVANSHU JOSHI W.P.(C) 3568/2023 Page 1 of 3 Signing Date:23.03.2023 16:42:46 uploaded all the relevant documents to the portal of the Respondent in addition to dispatching all the originals to the address specified in the notice. The auction was slated between 13th March, 2023 to 20th March, 2023, however, on 17th March, 2023, the Petitioner received an email to the following effect:
"Sir/ Madam, This is with reference to your application for participation in 5th annual e-auction of MPEG-2 slots (67th e-auction) of DD Free Dish for 'Sadhna Gold' channel in Bucket R1 & documents uploaded online at the portal https://fdslots.prasarbharati.org/ and subsequent clarification submitted by you vide your email dated 09.03.2023.
2. Your application has been examined and has not been found eligible for participation in the e- auction process in Bucket R1."
4. The grievance of the Petitioners is that they have not been informed of any reason as to why Petitioner No.1 was held to be ineligible. Mr. Rajshekar Rao, ld. Sr. counsel submits that if after the auctions certain slots are still available, the Petitioners would like to avail of the same, hence they have approached this Court.
5. Mr. Rajeev Sharma, ld. Sr. Counsel for the Respondent, on the other hand, submits that all slots are taken and there are no vacant slots left. He also raises a preliminary objection as to the maintainability of the present petition insofar as the present petition ought to have been filed before the TDSAT.
6. Taking on record the statement of Mr. Sharma, ld. Sr. counsel that no more slots are available and bearing in mind the fact that this would be a dispute which would fall within the jurisdiction of TDSAT, the Petitioners Signature Not Verified Digitally Signed By:DEVANSHU JOSHI W.P.(C) 3568/2023 Page 2 of 3 Signing Date:23.03.2023 16:42:46 are relegated to avail of their remedies in accordance with law before TDSAT.
7. The reasons for Petitioner No.1 having been held to be ineligible shall be communicated to the Petitioners within a period of two weeks from today.
8. Needless to add, this Court has not considered the merits of the matter.
9. With these observations, the present petition, along with all pending applications, is disposed of.
PRATHIBA M. SINGH, J.
MARCH 21, 2023 dj/sk Signature Not Verified Digitally Signed By:DEVANSHU JOSHI W.P.(C) 3568/2023 Page 3 of 3 Signing Date:23.03.2023 16:42:46