(23 June 2008 8:00 pm)

MUMBAI: The Delhi High Court has sent back the ongoing legal battle between direct-to-home service provider Tata Sky and ESPN Software India Private Ltd (ESIPL) to Telecom Disputes Settlement and Appellate Tribunal (Tdsat).

The High Court has also dismissed the Tata Sky injunction application filed against ESIPL.

In its application Tata Sky said that ESIPL had withdrawn the reference interconnect offer (RIO) dated 15 May 2008, and has not filed a fresh one; so it should be discharged from complying with their undertaking.

A single member bench of Justice Rajiv Shakdher directed Tata Sky, which today filed an application seeking withdrawal of its undertaking submitted before the bench to restore ESPN signals in its base pack.

This undertaking was to make available the three channels of ESIPL namely ESPN, Star Sports and Star Cricket to all their subscribers as on 20 May 2008.

Justice Rajiv Shakdher, in his order, maintained that Tdsat should take a view on whether Tata Sky should be allowed to be bound down by its undertaking or not.

The court also directed the parties to approach the Tdsat for an early hearing. The matter is listed for hearing in July.

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