(26 February 2009 9:45 pm)

MUMBAI: The Telecom Disputes Settlement Appellate Tribunal (Tdsat) has issued an injunction against Kolkata-based multi-system operator (MSO) Manthan Broadband Services on the petition filed by ESPN Software India (ESPN).

ESPN had appealed against Manthan for carrying out public notice in the Telegraph (English edition) and ABP (Bengali edition) against it.

Manthan had said in the notice that they are in process of deactivating the signals of ESPN Software (ESPN, Star Sports and Star Cricket) on "account of non-providing of content for the current year." It also said that ESPN has no major event in the near future and viewers may not be able to view the channels on their television sets after the expiry of 21 days from the publication, i.e. 4 February.

Taking serious offence over the public notice, ESPN moved the Tdsat against Manthan. ESPN in its petition said that the notice was contrary to the terms of the contract and that the reason given by Manthan was arbitrary and whimsical.

Ramji Srinivasan, counsel for Manthan, contended that the MSO is well within its right to seek deactivation of ESPN services because of poor or no content. The contract between the parties was also terminable. Besides, the Trai regulations do not envisage “Must Carry” but envisage “Must Provide” and, therefore, ESPN cannot be permitted to insist that its services must be carried.

However, upon hearing both parties, Tdsat chairperson Justice Arun Kumar issued an order of injunction. The next date of hearing in the matter is 23 March.

When contacted, Manthan director Gurmeet Singh said, “We strongly feel that they (ESPN) don’t have any good content to offer. Moreover, the price they are charging vis-a-vis other sports channels is quite high. Now the matter is sub-judice so I would not comment over it.”

Meanwhile, ESPN has also sent a defamation notice to Manthan. A spokesperson said that the statements made by Manthan are "extremely defamatory and undermine ESPN channels in the eyes of the public at large."

ESPN also claimed that the public statement by Manthan was deliberate and motivated by malafides and was intended to cause harm to the reputation and business of ESPN.

ESPN has asked Manthan to pay a “nominal sum” of Rs 10 million as damages and to publish an unqualified apology in two newspapers, failing which, the broadcaster has warned to initiate legal proceedings against Manthan.