IndiaCast withdraws contempt application against Dish TV in TDSAT

The fight between content aggregator IndiaCast UTV and direct-to- home (DTH) service provider Dish TV continues to play out in the Telecom Disputes Settlement and Appellate Tribunal (TDSAT). 

IndiaCast UTV had on 30 December filed an application against Dish TV on the apprehension that the DTH operator will continue to provide its 22 channels in packages even after 31 December. 

However, IndiaCast had to withdraw its application as the tribunal found that it was premature since Dish TV had to comply with the order only from 1 January. 

“This application was filed on the apprehension that the order passed on 19 December 2013 by this Tribunal will not be complied with and that 22 channels will continue to be available in the packages even after 31.12.2013,” TDSAT said in its order. 

“During the course of hearing the counsels, Gopal Jain, counsel appearing for the petitioner (IndiaCast UTV), stated that he does not wish to press the application at this stage and is accordingly allowed to withdraw the same,” the order added. 

An IndiaCast UTV official said that since Dish TV had clarified in the TDSAT that they are complying with the TDSAT order and agreed to make necessary changes in their offering from 1 January, “we didn’t see any point in pressing the matter and withdrew our application.” 

Dish TV, on the hand, claimed that the TDSAT did not find any merit in IndiaCast UTV’s contempt application, thereby forcing the content aggregator to withdraw its application. 

“During the course of the hearing, the tribunal observed that there was no non-compliance whatsoever on the part of Dish TV of its order dated 19 December. The tribunal observed that the application is premature since the provisioning of IndiaCast channels on a la carte basis is being done by Dish TV only on 1 January and the scroll of Dish TV is clear in this regard. Upon such observation made by the tribunal, IndiaCast voluntarily withdrew the application filed by it,” the DTH operator said.

The tribunal had on 19 December disposed of petitions of both Dish TV and IndiaCast UTV after receiving undertakings from both the parties. 

Dish TV had given an undertaking that it will put 22 channels of IndiaCast on a la carte and run a scroll on its platform informing its subscribers about the same. IndiaCast UTV, on the other hand, had given an undertaking stating that it will not issue any ads against Dish TV.

Source: http://cablequest.org/news/legal-news/item/3937-indiacast-withdraws-contempt-application-against-dish-tv-in-tdsat.html