ITV

Tag: Calcutta High Court

  • Calcutta High Court stays switchover to new TRAI tariff regime till 18 February

    Calcutta High Court stays switchover to new TRAI tariff regime till 18 February

    MUMBAI: Just two days ahead of the deadline for consumer migration to new channel packages under Telecom Regulatory Authority of India’s (TRAI) tariff order, Calcutta High Court has stayed the switchover till 18 February. 

    The court has also asked the TRAI to submit a report on the matter on 13 February, which is when the next hearing will take place. The court’s directive was a result of 80 cable operators filing a petition against the TRAI mandate.

    The petitioners’ lawyer Debabrata Saha Roy argued that the revenue-sharing model under the new regime will significantly reduce the cable operators’ share to just nine per cent. With 80% will go into the broadcasters’ kitty, MSOs stand to get just 11 per cent, thus making it an unsustainable business proposition for operators.

    Earlier the regulator had offered an extension till 31 January to the distribution platform operators (DPOs) for implementation.  

     

  • Calcutta HC extends Digicable Comm’s interim order till case disposal

    Calcutta HC extends Digicable Comm’s interim order till case disposal

    KOLKATA: Granting relief to Digicable Comm, the Calcutta High Court has extended the interim order till the disposal of the case.

     

    Earlier too, the Calcutta High Court had put the stay order on the cancellation of the registration of Kolkata-based multi-system operator (MSO) till 6 April, 2015, citing that “Digicable Comm, having been in business for quite some time and would suffer irreparable loss and injury, unless appropriate ad-interim protection is granted to them.”

     

    Speaking to Indiantelevision.com, DigiCableComm Services VP – operations & technology Lokesh Agarwal said, “Our matter was listed in the Hon’ble High Court under Hon’ble Justice I.P. Mukerji, with regard to DigiCable Comm DAS license for Kolkata and Howrah. Interim order already granted is extended till the disposal of the case.”

     

    It should be noted that in July 2014, the Ministry of Information and Broadcasting (MIB) had cancelled the registration of Digicable Comm. Services.

     

    Digicable Comm, a joint venture (JV) between Digicable (51 per cent) and Kolkata-headquartered Multicar Group (49 per cent) was formed in the year 2009, to gain the foothold in the West Bengal market.

     

    Digicable Comm was always hopeful that after appealing to the Ministry of Home Affairs (MHA) and moving to the High Court, the decision would be in favour of the MSO. “We are happy to get the stay order extended from the High Court. Slowly we will expand in the region and are consolidating,” added Agarwal.

     

    MHA had cancelled the company’s permanent registration on 18 July, 2014 due to denial of security clearance.

     

    “Now we will do our best and expand in West Bengal,” Agarwal signed off.

     

  • Calcutta HC extends Digicable Comm interim stay till 6 April

    Calcutta HC extends Digicable Comm interim stay till 6 April

    KOLKATA: Granting relief to Digicable Comm once again, the Calcutta High Court has extended the interim stay till 6 April 2015.

    Previously, the Calcutta High Court had put the stay order on the cancellation of the registration of Kolkata-based multi-system operator (MSOs) till 17 January 2015, citing that Digicable Comm, having been in business for quite some time and would suffer irreparable loss and injury, unless appropriate ad-interim protection is granted to them.

    Jishnu Saha, a senior advocate for the petitioners, did hope for an extension of the interim order. An extension was also sought to file the affidavit-in reply since affidavit-in-opposition had been filed out of time. “Interim order already granted is extended till 6 April, 2015 or until further order, whichever is earlier,” said DigiCableComm Services operations and technology VP Lokesh Agarwal, quoting the letter.

    As hoped, time to file affidavit-in-reply has been extended till 27 January, 2015, he further said.

    It should be noted that in July last year, the Ministry of Information and Broadcasting (MIB) had cancelled the registration of Digicable Comm. Services.

    Digicable Comm, a joint venture (JV) between Digicable (51 per cent) and Kolkata-headquartered Multicar Group (49 per cent) was formed in the year 2009, to gain the foothold in the West Bengal market.

    Digicable Comm is hopeful that after appealing to the Ministry of Home Affairs (MHA) and moving to the High Court, the decision would be in favour of the MSO. “We are happy to get the stay order extended from the High Court. Slowly we will expand in the region,” added Agarwal.

    MHA cancelled the company’s permanent registration on 18 July due to denial of security clearance.

    Cable TV experts when asked to comment on the reason for the denial of security clearance by authorities said this might be due to Amit Nag who was the then chief executive officer (CEO) and on the board and the application for DAS (digital addressable system) had his signature.

    Now, going forward what happened with the MSO here is not hidden from anyone. Nag not only resigned from Digicable but had convinced around 412 of the 600 cable operators affiliated to Digi Cable to switch to Hathway along with him. More than 400 LCOs affiliated to DigiCable when switched to Hathway did not think that they would have to spend sleepless nights and some even behind bars, cable TV sources said.

    At present, Digicable Com which boasted more than four lakh connections in the KM area is left with less than 50,000 set top boxes (STBs).

    “We will follow the mandates. We are hopeful that the authorities would consider the minute details presented by us,” said Agarwal.

  • Calcutta HC extends stay order on Digicable Comm’s licence cancellation till 28 Nov

    Calcutta HC extends stay order on Digicable Comm’s licence cancellation till 28 Nov

    KOLKATA: Granting relief to Digicable Comm Services once again, the Calcutta High Court has further extended the interim stay on the cancellation of the registration of the Kolkata-based multi system operator (MSO), till 28 November.

     

    As reported earlier, the MSO had got a stay order on the cancellation of the registration of its license till 29 August, which was later extended till 31 October.

     

    The case was again up for hearing today. “The matter was heard and the stay has been further extended till 28 November 2014,” said Digicable Comm Services VP – operations and technology Lokesh Agarwal.

     

    Around two months ago, the Ministry of Information and Broadcasting (MIB) had cancelled the registration of Digicable Comm.

     

    Digicable counsel had earlier argued in the court that the MIB only stated the reason for cancellation of registration as not receiving security clearance from the Home Ministry. However, it did not give the reason for denial of security clearance. The Ministry counsel, in his response said that the reason for non- clearance cannot be disclosed to Digicable for security reasons.

     

     The court observed that when the MSO received its DAS licence in 2013, it was subject to security clearance from Home Ministry and the same has been denied in the order passed last month. Subsequently, Digicable Comm was asked to stop operations within 15 days.

     

     Digicable Comm however appealed to both the Home Ministry and High Court in order to put a stay on the cancellation.

     

  • Calcutta HC extends stay order on Digicable Comm’s licence cancellation

    Calcutta HC extends stay order on Digicable Comm’s licence cancellation

    KOLKATA: Granting relief to Digicable Comm Services once again, the Calcutta High Court has further extended the interim stay on the cancellation of the registration of the Kolkata-based multi system operator (MSO), till 31 October.

     

    As reported earlier, the MSO had got a stay order on the cancellation of the registration of its licence till 29 August.

     

    The case was again up for hearing on 29 August. “The matter was heard by the bench comprising Justice Nadira Patheria and the stay has been further extended till 31 October 2014,” said Digicable Comm Services VP – operations and technology Lokesh Agarwal.

     

    Last month, the Ministry of Information and Broadcasting (MIB) had cancelled the registration of Digicable Comm.
     

    Digicable counsel had earlier argued in the court that the MIB only stated the reason for cancellation of registration as not receiving security clearance from the Home Ministry. However, it did not give the reason for denial of security clearance. The Ministry counsel, in his response said that the reason for non- clearance cannot be disclosed to Digicable for security reasons.

     

    The court observed that when the MSO received its DAS licence in 2013, it was subject to security clearance from Home Ministry and the same has been denied in the order passed last month. Subsequently, Digicable Comm was asked to stop operations within 15 days.

     
    Digicable Comm however appealed to both the Home Ministry and High Court in order to put a stay on the cancellation.

     
    The company is a joint venture between Digicable (51 per cent) and Kolkata-headquartered Multicar Group (49 per cent) and was formed in 2009 to gain foothold in the West Bengal market.
     

     

  • Mission TARA: Mamata Banerjee assures Rs 50 lakh

    Mission TARA: Mamata Banerjee assures Rs 50 lakh

    After witnessing hard times for quite some time, TARA (Television Aimed at Regional Audiences) can now breathe a sigh of relief.

     

    And guess who has come to its rescue? It’s none other than our every own didi. Yes, the West Bengal chief minister Mamata Banerjee has taken a resolution to revive TARA Newz and Muzik, the only two surviving channels of the redundant Saradha Group’s media business, that were shut down after the expose of the chit fund fraud.

     

    Under the rescue mission, the first proposition which was floored was to take over the channels; then came the proposal of payment of Rs 16,000 to each and every employee in the form of ex-gratia and now finally, there is an assurance of monthly commercial of around Rs 50 lakh.

     

    “Mamata Banerjee has asked the state finance minister Amit Mitra to propose ways to revive the channels. And after various brainstorming sessions, it was decided that the state’s public sector units (PSUs) like West Bengal Electronics Industry Development Corporation Limited, West Bengal Financial Corporation among other state government undertakings will give monthly commercials worth  Rs 50 lakh so that TARA as a brand can stay alive,” says a highly confidential government source.

     

    He adds, “West Bengal Financial Corporation may release a payment of Rs 1.5 lakh to two lakh for the month of September. The channel must have got the amount by now.”

     

    After the Saradha Groups’ chit fund went bust, the employees of Broadcast Worldwide which runs Tara Newz and Tara Muzik formed an association called Tara TV Employees Welfare Association in April this year with an aim to keep the channels on the air on their own. Nag was made the secretary of the association, and was entrusted with the responsibility of running the two channels by the Calcutta High Court.

     

    When Tara Newz chief reporter Dipankar Nag was contacted to confirm the same, he denied any news of receiving any commercial order. However, he was quick to add, “We have 100 per cent faith in the CM and she will do something, so that the first 24×7 Bengali news channel can exist.”

     

    The senior general manager-administration and finance and the president of the employees’ association Indrajit Roy informs that the state government has given an ex-gratia payment of Rs16, 000 each to the 168 employees of the two channels till August 2013. However, about the assurance of advertisement, he like Nag informed that they have not received any such commitment through email or in writing. “Although, we have met Amit Mitra and other state officials and discussed on the commercial, no formal receipt about the release order has been received.”

     

    If one remembers, the initial plan of the CM was to take over the TV channels which reaches out to Bengali-speaking people across the world and is owned by the Saradha group which did not materalise because as per the present laws it is illegal for a government entity to own or run a television channel, informs the media expert.

     

    He recounts, “Ms Banerjee had decided to run the channels following an appeal by 168 employees of the two channels who were without a job as the channels had shut shop after the Saradha meltdown.”

     

    Hence, this does make one wonder if the CM has more than a general interest in saving the two channels?

  • Tara Newz looks for survival strategies

    Tara Newz looks for survival strategies

    KOLKATA: TARA (Television Aimed at Regional Audiences) Newz, one of the surviving TV channels of the redundant Saradha Group’s media business apart from Tara Muzik, plans to introduce a sponsored slot for sports news sooner to keep the show running, after witnessing hard times few months ago.

     

    “It is a new concept and still is in the planning stage. We are looking at a daily slot of 15 minutes-30 minutes,” says Tara Newz chief reporter Dipankar Nag, speaking exclusively to indiantelevision.com on Monday.

     

    Nag did not mention by when the viewers can watch and enlighten themselves with developments in the sports world.

     

    A Kolkata-based media professional praised the new initiative taken by Tara TV saying that the sports capsule could do well, but long term sustainability is what should be borne in mind. “Tara Newz must look at marketing it nationally,” he says, on the conditions of anonymity.

     

    It is learnt that the company has roped in investments from Kolkata based institutions, which are eager to help the Tara brand in its revival strategy initiative.

     

    The rebirth of the first 24×7 Bengali news channel and music channel-Tara Newz and Tara Muzik respectively deserve special mention.

     

    Many media ventures of the Kolkata headquartered Saradha Group like Sakalbela, The Bengal Post, Azad Hind, Prabhat Varta and the Seven Sisters Post among others closed down after its chit fund went bust.

     

    But the employees of Broadcast Worldwide Limited (BWW) which runs Tara Newz and Tara Muzik, after getting the closure notice from Saradha group, formed an association called ‘Tara TV Employees Welfare Association’ on 16 April 2013, with an aim to keep the channels on air on their own.

     

    “Only two channels of Saradha group could survive. The whole of the city woke up and the fight was not to keep the channels on air, but it was a movement to preserve Bengali culture,” remembers a retired state government official.

     

    TARA reaches out not only to Bengalis in West Bengal and Bangladesh, but to all Bengali speaking people of the world, further elaborates Nag.

     

    Nag, who is the secretary of the Tara TV Employees’ Welfare Association, and who has been entrusted with the responsibility of running the two channels by the Calcutta High Court said that the state government has been giving an ex-gratia payment of Rs16,000 each to the 168 employee of the two channels since the past three months from the Chief Minister’s Relief Fund. “We get the salary payment by the 28th or 29th of the respective month,” he says.

     

    The two Bengali channels were bought by the Saradha Group in the year 2011 but the licence continued to be in the name of the old owner, says Nag.

     

    Nag clarifies that the state government was planning to take over the management of the channels only; there was no eagerness to buy them.

     

    “The state government provided Rs 26 lakh from the CM’s relief fund to run the channels. The government shall not take the liability of the channels which accounts for nearly Rs 6 crore,” confirms Nag.

     

    The employees, knowing that the channels cannot hope to survive on government dole alone, have been trying to bring in advertising revenues, it is learnt.

     

    “We are in almost the same position from where we started our struggle. Only I can say, we, the employees are still fighting to survive with the hope and support of our chief minister Mamata Banerjee,” says Employees’ Association senior general manager-admin and finance and president Indrajit Roy.

     

    Nag adds that “Many financers have shown interest to pump in money.”

     

    If they manage to convert that interest into action, Tara could well once again rise like the evening star.

  • Calcutta HC refuses to stay Dettol Kitchen Gel TVC

    NEW DELHI: Reckitt Benckiser has agreed before the Calcutta High Court that it will remove the visual in its television commercial claiming quantum of germs killed by use of the Dettol Healthy Kitchen and Vim Liquid.

    However, the Court did not grant any stay of the TVC asserting that Dettol Healthy Kitchen was 100 times better at germ killing capability than Vim Liquid manufactured by Hindustan Unilever.

    The matter has been listed on 18 March for further orders.

    HUL had claimed that Dettol was a disinfectant/drug and therefore it could not be compared to Vim Liquid which does not have any disinfectant as an ingredient.

    A statement from Reckitt Benckiser said that this meant that it could continue to compare its product with that of Vim. RBIL also claimed that prior to launch, it had got the product tested from an Independent Laboratory (SGS Laboratory, India) and got it certified that apart from cleaning, it provides 99.9% Germ Kill and compared to Vim LIQUID, manufactured by HUL, it is 100 times better, when diluted like all dishwashing liquids.

    On Friday last, Dettol aired a TVC for its Kitchen Cleaner that showed HUL‘s Vim as the weaker product. In reply, HUL‘s Vim published a front page print ad in The Times of India on Sunday, asking consumers to choose between a harsh antiseptic and the power of 100 lemons to clean a child‘s tiffin box. In the end, the ad says ‘No one removes grease better. No one removes germs better. That‘s a Vim challenge!‘.

    It also took the legal course with the Calcutta High Court passing an order last Friday, asking RB to remove the portion where Vim is shown in the ad.

  • Calcutta High Court rules in favour of MRUC

    MUMBAI: The Calcutta High Court has ruled in favour of the Media Research Users Council, dismissing the petition filed by ABP Pvt Ltd challenging the findings of the Indian Readership Survey in 2008 conducted by MRUC.

    According to a statement released by the MRUC “The Calcutta High Court has in a significant judgment delivered on 25 September 2012 held that the arbitration clause embedded in software of the Indian Readership Survey, which is part of the terms and conditions a user must accept before accessing data, is binding. Disposing of a petition filed by ABP Private Limited and vacating an injunction earlier granted by the Court, the Hon. Justice Nadira Patherya referred the dispute relating to IRS 2008 to arbitration.”

    Responding to ABP‘s petition challenging IRS findings, MRUC had contended that the dispute had to be referred to arbitration, as this clause was a part of the terms accepted by users. This was contested by ABP.

    The Hon. High Court held, “The issue sought to be raised by the plaintiff in C.S. No.242 of 2008 is covered by the arbitration agreement as the same has been couched in the widest term and encompasses the issue raised, and the same be referred to arbitration.”

    MRUC is a body constituted of media research users by media research users for media research users. “MRUC recognises that there will be situations in which users may disagree with some aspect of the conduct of various researches that it conducts. It is precisely to handle such disputes in a spirit of collaborative resolution that MRUC places so much emphasis on Arbitration,” the body informed in its statement.

    The clause in question is as follows:

    • All differences and disputes of whatsoever nature, arising between the parties including those that are in connection with, concerned with or relative to any aspect of the IRS Report inclusive of this Agreement between the parties and also any dispute or difference in regard to the interpretation of any provision or term or the meaning thereof, whether during the currency/sustenance of this Agreement or after the determination thereof, including any dispute, difference or controversy in regard to the interpretation / meaning / application of this clause, shall be referred to arbitration by sole arbitrator to be nominated by the MRUC Board of Governors and the said arbitration shall be governed by the Arbitration and Conciliation Act 1996. The place of arbitration shall be Mumbai only.
    • In all cases where “Court” has jurisdiction to entertain, try and dispose of matters governed by and/arising under or taken under any provision of the said Act, the party/ies (MRUC, Hansa Research and/or the user/s concerned) shall take such proceedings in an appropriate Court in Mumbai alone to the exclusion of all other Courts in the rest of India.
    • All disputes, differences and controversies between the parties, if any, not covered under Clauses XII.1 & XII.2 hereinabove shall be filed in and settled exclusively by the Courts in Mumbai alone.