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Dish Tv India Limited & Anr vs Union Of India & Anr on 1 March, 2023

                          $~350.
                          *     IN THE HIGH COURT OF DELHI AT NEW DELHI
                          +     W.P.(C) 2446/2023
                                DISH TV INDIA LIMITED & ANR.                            ..... Petitioners
                                                     Through:        Mr. Sandeep Sethi, Senior Advocate
                                                                     alongwith Mr. Tejveer Bhatia,
                                                                     Mr.Rohan Swarup and Ms. Shreya
                                                                     Sethi, Advocates for petitioner Nos. 1
                                                                     & 2.

                                                     versus

                                UNION OF INDIA & ANR.                                   ..... Respondents
                                                     Through:

                                CORAM:
                                HON'BLE MR. JUSTICE GAURANG KANTH
                                                     ORDER

% 01.03.2023 The hearing has been conducted through hybrid mode (physical and virtual hearing).

C.M. No. 9353/2023 (exemption)

1. Exemption allowed, subject to all just exceptions.

2. The application stands disposed of.

C.M. No. 9354/2023 (exemption)

3. This is an application filed by the petitioners seeking permission to file lengthy synopsis and list of dates.

4. For the reasons stated in the application, the same is allowed.

5. The application stands disposed of.

W.P.(C) 2446/2023 and C.M. No. 9352/2023 (interim relief)

6. The petitioner no. 1 is a Direct-To-Home („DTH‟) service provider operating under a license issued in terms of the „Guidelines for obtaining license for providing Direct-To-Home (DTH) broadcasting service in India‟ dated 15.03.2001 („2001 DTH Guidelines‟) by the Ministry of Information and Broadcasting, Government of India („MIB‟). The petitioner No. 2 is heading the technology and broadcasting of petitioner No. 1.

7. Mr. Sandeep Sethi, learned senior counsel for the petitioners submits that under the policy of the respondents, DTH operator is seeking additional capacity on satellite and such capacity is not made available by the respondents due to any reason, the DTH operator can only avail satellite capacity from foreign providers. However, the DTH operator only avail satellite capacity by entering into an agreement with the respondents, who, in turn, executed back to back agreement for such satellite capacity with the foreign service provider. Thus, according to learned counsel for the petitioners, the DTH operator is forced to enter into an agreement with the respondents and to pay a commission to the respondents without there being any value addition by the respondents.

8. Learned senior counsel for the petitioners further submits that the petitioners are in need of additional capacity of satellite, however, the respondents are not in a position to provide said additional capacity and hence, the petitioners have been forced to make use of foreign satellite capacity of SES-8 satellite.

9. Learned senior counsel for the petitioners further submits that the petitioners‟ lease for availing transponder capacity of SES-8 satellite was expiring on 31.10.2022 and left with no other option, the Petitioners, without Signature Not Verified Digitally Signed By:KOMAL DHAWAN Signing Date:06.03.2023 17:14:33 prejudice to his rights and contentions, signed an addendum with respondent No. 2 extending the lease till 04.04.2023. Similarly, the lease for usage of transponder capacity of GSAT-15 is expiring on 31.03.2023 and the lease for usage of transponder capacity of ST-2 is expiring on 31.07.2023. In view of the same, the petitioners have filed the present writ petition seeking direction against respondent Nos. 1 and 2, not to interfere with the rights of the petitioners to directly enter into any agreements with foreign vendors for procuring transponder capacity, if the same is not made available on Indian satellite. In the alternate, it is prayed that in the event that transponder capacity is available on Indian satellite, direct the respondents to offer the said transponder capacity to petitioner No. 1 on the same terms and conditions as prevailing when the ICRF was filed by the petitioner in 2014, which, should inter alia, include the provision of three months exit clause and bank guarantee validity of three months.

10. Issue notice to the respondents. Upon service to the respondents, the respondents are directed to file their counter-affidavit(s) within a period of four weeks. Rejoinder thereto, if any, be filed within 2 weeks thereafter.

11. List on 08.09.2023.

GAURANG KANTH, J MARCH 01, 2023 kd Signature Not Verified Digitally Signed By:KOMAL DHAWAN Signing Date:06.03.2023 17:14:33