Thatscricket - ODI Series - India~~s tour of Pakistan- HC vacates interim order against Ten Sports

Published: Tuesday, March 30, 2004, 19:55 [IST]
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New Delhi:The Delhi High Court on Friday vacated the interim injunction against the Ten Sports for the supply of feed channel to Hathway Cable and Datacom Pvt Ltd after the Multi System Operator (MSO) said it was not pressing it since the Indo-Pak cricket series was being telecast on Doordarsan as per the Supreme Court order.

Justice R C Chopra vacated the March 12 interim order by which the Dubai-based channel and its distributor was directed to continue with the supply of feed channel to the MSO.

The interim order was passed on an application by the Hathway Cable alleging that Ten Sports and its distributor, Cable Distribution Network (CDN), had threatened the disconnection of the supply of feed channel and had demanded exorbitantly enhanced subscription fee which was four times the fee existing under contractual agreement.

The court fixed April 7 to hear the contention of the parties on the main suit.

In the suit, Hathway has contended that by the contractual agreement of May 1, 2003, it was entitled to receive the feed channel against the payment of Rs 5.08 lakh per month till March 31.

However, Ten Sports, in its reply to the suit, had said the agreement between the parties was a determinable contract and the distributor was entitled to terminate that in the event of a breach of a warranty.

The channel has contended that the subscription fee was based on the basis of a per-subscriber-per-month charge of Rs 14 multiplied by a subscriber base of 36,300 subscribers.

But the MSO was misrepresenting the quantity of their subscriber base which was in breach of the agreement terms, the channel said.

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