MUMBAI: The ongoing tussle between Dish TV India Ltd and Sony Pictures Network India, in the Telecom Disputes Settlement and Appellate Tribunal (TDSAT), has settled with the former withdrawing its petition filed last year against certain clauses in terms and conditions of pre-NTO RIO as published by the broadcaster, on the basis of non – discrimination.
Dish TV had moved TDSAT in Februrary 2018 challenging the subsisting RIO agreement which was entered into on 1 December 2017 without prejudice to its rights to challenge the clauses of RIO terms as communicated to SPN India vide letter dated 8 November 2017.
Accepting Dish TV’s appeal to withdraw the petition, TDSAT noted in its order, “It is not in dispute that the parties have entered into a fresh agreement under the new regime on account of Regulations of 2017. In view of such developments, learned counsel for the petitioner (dish TV) submits that challenge by the petitioner to the terms of earlier RIO of the respondents has become academic and, therefore, the petition may be permitted to be withdrawn with liberty to the petitioner that if an occasion arises, it will be free to challenge the terms of new RIO of the respondents.”
The tribunal clarified that Dish TV will be at liberty to raise its claim or seek relief through an appropriate proceeding in accordance with law if it has any any grievance in future.