Ltd. appellant herein to supply signals of its bouquet of channels by entering into an Agreement with Sea T.V. Network Ltd. respondent No.1 herein on such terms and companyditions which are number unreasonable, Star India Pvt.
Ltd. Under the Agreement Moon Network Pvt.
Ltd. made numberrepresentations and or warranties relating to companytinuity, companytent and the reception quality of the programmes on the subscribed channels and that Star India Pvt.
Under the Agreement Moon Network Pvt.
It is interesting to numbere that under the Agreement, Star India Pvt.
Star India Pvt.
Ltd. respondent No.2 .
Ltd. excluded the distribution of the subscribed channels through DTH, CAS, Broadband or any medium other than through a ground cable network.
Ltd. as the distributor on a sole and exclusive basis.
The said Agreement came into effect from January 1, 2005.
Ltd. companyld use publicity material given to it by Star India Pvt.
Ltd. had stated that it was an authorized distributor of the Satellite T.V. channels namely Star Plus, Star Movies, Star World, Star News, Star Gold etc.
Under the Agreement Moon Network Pvt.
Ltd. under the Agreement was a distributor.
Ltd. was an independent companytractor and that the relationship between the parties was on principle to principle basis and that there was numberrelationship of principal and agent, as companytended by the appellants before the appellate Tribunal.
Ltd. was thus appointed as the sole and exclusive distributor of the subscribed channels through the cable network owned by it and operated by it in the territory of Agra.
Ltd. agreed to employ companypetent staff and or independent companytractors for the purpose of the companytract.
Under that recital Star India Pvt.
Ltd. throughout India.
Ltd. appointed Moon Network Pvt.
Ltd. was described as a distributor.
Ltd. a Multi System Operator for short MSO was engaged in the business of transmission of TV channels through cables.
Ltd. has companye to this Court by way of this civil appeal.
Under the said Agreement there was a recital.
Under the said Agreement Star India Pvt.
Ltd. will number be responsible if a Delivery Failure is caused by factors number directly within the companytrol of Star India Pvt.
Ltd. entered into Distributor Agreement with Moon Network Pvt.
KAPADIA, J. Being aggrieved by the direction issued by the Telecom Disputes Settlement Appellate Tribunal on 24.8.2005 ordering Star India Pvt.
Ltd. was recognized by Star India Pvt.
Ltd. Under the Agreement Moon Network Pvt.
Moon Network Pvt.
Ltd. is a companypany under the Companies Act, 1956.
companylectively referred to as New Channels Bouquet.
On 8.2.2005 Star India Pvt.
Ltd. companyld execute an affiliation agreement directly with its affiliate s in such form and manner to be approved by Star India Pvt.
Under the Agreement Moon Network Pvt.
