The matter has come today for orders on the M.A. filed by M/s Hathway Cable & Datacom Ltd. In this application Hathway raises some grievances in regard to certain advertisements and scrolls being shown on the Zee channels. Mrs. Prathiba M. Singh, learned senior counsel appearing for M/s Taj Television (India) Pvt. Ltd. states that the offensive scrolls would be withdrawn and she also invited Mr. Arun Kathpalia, learned counsel appearing for the petitioner to have a discussion in regard to any grievance that Hathway may have in connection with the advertisements, copies of which are at pages-11 & 12 of the application.
However, she further states that M/s Taj Television (India) Pvt. Ltd. intends to file a miscellaneous application for recall or modification of order passed on 01.08.2014 and a copy of the application is given to Mr.Nasir Husain, counsel for Hathway just now.
The order dated 01.08.2014 was passed after hearing both sides at length and it is surprising that an application is proposed to be filed for recall/modification of the order even before our signatures on the order are yet not fully dried. The reason stated for filing the application is even more surprising; it is stated that on that date, the local people at Taj Television and the counsel representing it were not fully posted with the facts, especially in regard to the placement agreements between the two sides.
At this stage, we feel constrained to put on record our deep displeasure over the manner in which both sides are sniping and chipping at each other giving rise to completely futile litigations. Having regard to the amounts of revenue that is generated by the broadcasting industry, the vast social space occupied by it and the social role it claims to play, one should have expected the two sides, each of them major players in the industry, to act responsibly and show a modicum of restraint in their dealings with each other but they seem to be freely indulging in unseemly squabbles. What is more, they seem to show no regard much less any respect for the proprieties of judicial proceedings.
No party can be stopped from filing an application, hence, Taj Television is free to file its MA which may be taken up along with the MA filed by Hathway on 13.08.2014 but on that date, the top people from both sides should also be present before the Tribunal in-person.
