Relief for ESS as Supreme Court dismisses petition filed by Asianet

Asianet was seeking early hearing of their appeal against the TDSAT order denying the company discounted services from ESPN

BestMediaInfo Bureau | Delhi | November 3, 2011

The Honorable Supreme Court of India has dismissed the interlocutory application filed by Asianet Satellite Communications Ltd. (Asianet) seeking early hearing of their appeal against the TDSAT order denying the company discounted services from ESPN Software India Pvt Ltd (ESIPL).

Asianet Satellite Communications Ltd. (Asianet) wanted services of ESPN, STAR Sports and STAR Cricket channels at a huge discount from the prevailing rate. The monthly subscription fee offered by Asianet was much lower than the interim arrangement between the parties which expired in May, 2011, and was entered into when Asianet first filed the appeal in the Supreme Court in 2010.

The interim arrangement was arrived at post extended negotiations and was accepted by top officials of Asianet.  Post May'11, without any fresh facts Asianet sought further reduction in the subscription fee claiming a lesser market share of 25% in Kerala and seeking parity on that basis. Such unsubstantiated claims were the reason the Hon'ble TDSAT passed an adverse order against Asianet initial petition on 28 May, 2010. It is against this order that Asianet  had filed the appeal on the same grounds and filed an interlocutory application for early hearing during pendency of the appeal.

The Supreme Court considered the matter and initially directed the parties to explore a negotiated settlement. However, further talks ended in stalemate since Asianet Satellite Communications Ltd.  made unrealistic offers. The Supreme Court, after hearing both parties, dismissed Asianet's application. The matter will now proceed ordinarily as and when it is listed in due course.

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