Broadcast tribunal the Telecom Dispute Settlement and Appellate Tribunal (TDSAT) has rejected a plea by channel distributor Star Den plea to let it continue to market and distribute Television 18 Group channels.
Rejecting a plea by Star Den, a 50:50 Joint venture between broadcast major Star India and Den Networks, the TDSAT said that the distributor had failed to make a case for the grant of any such order.
"We are of the opinion that no case has been made out for grant of a temporary injunction as has been prayed for," a bench headed by its chairman, S B Sinha, said.
On Star Den's plea that it is ready to comply with the conditions put forth by the Television 18 Group, TDSAT said that it has to be decided between the parties and not by the tribunal.
"Whether Star Den has otherwise agreed to the demands of Television 18 or not is a matter which is required to be gone into by and between the parties hereto and not by this tribunal," the bench said.
During the proceedings, senior advocate Ramji Srinivasan -- appearing for Star Den -- submitted that as both the parties had entered into a revenue-sharing agreement, the distributor has acquired an interest in Television 18 channels.
However, the tribunal disagreed by stating that claiming benefit under an agreement cannot be equated with interest in property.
"We fail to understand as to how, in a case of this nature, Star Den by reason of a revenue-sharing agreement itself can claim an interest in the property. To claim some benefit under an agreement is not and cannot be equated with an interest in the property itself," the bench said.
