SC seeks profit details from Ten Sports

At the fag end of the India-Pakistan cricket series, the telecast row between Prasar Bharati and Ten Sports yesterday took a new turn in the Supreme Court with Prasar Bharati asking the Dubai-based channel to show records pertaining to its revenue benefits from the telecast of the matches on Doordarshan.

On the basis of the application filed by Prasar Bharati, a bench comprising Chief Justice V N Khare, Justice N Santosh Hegde and Justice SB Sinha asked Taj India (Pvt) Ltd, the Indian subsidiary of Ten Sports, to file all relevant documents pertaining to the query raised by Prasar Bharati on or before May 3, the next date of hearing.

Appearing for the national broadcaster, Attorney General Soli J Sorabjee submitted that for the purpose of calculations of losses, the release (advertisement) orders received by the Indian concern of Ten Sports and its sub-distributor HMA Udyog Ltd were of extreme importance.

Keeping this in mind, the national broadcaster had asked seven documents to ascertain the exact relationship between Taj TV Ltd, Dubai and Taj TV (India) Pvt Ltd and Ten Sports and the relationship between Andrew Kumat with Taj TV Ltd, Dubai/Taj TV (India) Pvt Ltd and HMA Udyog Ltd.

The national broadcaster also wanted to know "the revenue generated by Ten Sports from the telecast of the series so far, including the renvenue generated as a result of transmission of the logo and advertisements of Ten Sports on Doordarshan.

Taj TV (India) Pvt Ltd had seriously disputed the query of the national broadcaster and said "no additional revenue had been earned by it because of the simultaneous telecast on Doordarshan of the series".

"On the contrary, grave losses have been suffered by it consequent upon the simultaneous telecast on Doordarshan of the cricket matches played between Indian and Pakistan," it said, adding that details of the losses supported by documents would be placed before the supreme court soon.

Terming the information sought by Prasar Bharati as of "critical importance" for the calculation of losses suffered by the parties, the national broadcaster said it had to be seen as to what Taj TV Ltd, Dubai, paid for acquiring the rights for the cricket series.

It alleged that this fact has been "deliberately withheld from the court by blanking out a portion of the agreement."

"The release orders and revenue generation statements will show the secondage booked as well as the rates at which it was booked," it said.

Modi Entertainment Network (MEN), which had exclusive contract for the distribution of the live feed of matches before DD came in, complained that because of the telecast of the matches on the national netwrok its business suffered a huge loss.

Appearing for MEN, senior advocate Harish Salve said the cable network operator would file a suit in the apex court for the determination of its losses and suggested the appointment of arbitrators for the resolution of the dispute.

Opposing the move, Sorabjee said the court had to first peruse the documents that would be filed by Taj TV and then decide the future course of action in the matter.