satheeshvarma
Regular
TDSar orders NEO Sports to provide signal within two days without prejudice to the rights.....The court didnt mention it to be on ala-carte basis....ORDER By this petition the petitioner has prayed that the respondent be directed to supply on reasonable terms signals of its channels for being aired on the petitioner's DTH platform. The dispute between the parties is really on the terms of the RIO published by the respondent. According to petitioner some of the terms of the RIO are onerous and, therefore, liable to be deleted or modified. During the course of hearing, we find that the parties are at variance on certain commercial terms in the RIO. Therefore, we have put it to the parties that in the first instance they should make another effort to sort out the issues. Both the learned counsel appearing for the parties have very fairly agreed to our suggestion and they submit that the commercial teams of both the parties will sit together during the next two weeks in order to make a sincere effort to sort out the issues. -2-The petitioner prays that in the meanwhile the respondent be directed to start supply of signals. Therefore, as an interim measure and without prejudice to the rights and contentions of the parties, we direct the petitioner to sign the RIO, if so desired, under protest and on the petitioner signing the same, the respondent will start supply of signals to the petitioner within two days as per Regulations. The learned counsel for petitioner has particularly referred to one of the terms of RIO as per which the petitioner is required to make an advance interest free deposit of Rs.3 Crores with the respondent. According to petitioner since this is an interim measure the petitioner should not be burdened with making deposit of such a big amount. Keeping in view that this is an interim arrangement, we permit the petitioner to deposit a sum of Rs.1 Crore with the respondent and for the balance amount of Rs.2 Crores the petitioner may furnish a bank guarantee.List on 16.01.2009 for directions.