Breaking: Tata Play calls Culver Max’s audit plea 'ghost litigation' in TDSAT case

Senior counsel for Tata Play elaborated their defense, clarifying that the disagreement was not over the audit itself but rather over procedural issues linked to the Non-Disclosure Agreement (NDA).

By  Imran Fazal| Sep 16, 2025 12:46 PM
It should be noted that amid high profile sport event like Asia Cup 2025, Culver Max Entertainment channels including Sony Sports Network continue to be out of Tata Play's DTH packs but are available on a la carte basis.

In a significant development in the ongoing audit dispute between Tata Play and Culver Max Entertainment Limited, the Telecom Disputes Settlement and Appellate Tribunal (TDSAT) heard a crucial plea on Tuesday. The case, centered on a comprehensive audit of Tata Play’s subscriber and revenue base, took a sharp turn as Tata Play strongly objected Culver Max for initiating what it called a “ghost litigation.”

Justice Dhirubhai Naranbhai Patel, Chairperson of TDSAT, presided over the hearing. The judge heard Tata Play’s submissions and listed the matter for further hearing tomorrow, giving both parties time to take appropriate instructions.

Culver Max had appointed MGB & Co. as its auditor for the matter. Tata Play raised serious objections, questioning MGB & Co.’s neutrality and capability in performing telecom audits. According to Tata Play, MGB & Co. lacked the necessary certification and expertise, raising concerns over the auditor's impartiality and independence.

Senior counsel for Tata Play elaborated their defense, clarifying that the disagreement was not over the audit itself but rather over procedural issues linked to the Non-Disclosure Agreement (NDA). Tata Play emphasized that there was no dispute with Sony (Culver Max Entertainment) on the audit, except that Sony insisted on signing the NDA only after MGB & Co. signed it first.

Tata Play’s legal team accused Culver Max of presenting a prejudiced petition, effectively pushing the auditor’s case without making MGB & Co. a formal party to the litigation. Highlighting this as a significant procedural lapse, Tata Play argued that such an approach undermined the principles of fair adjudication.

Tata Play proposed that BECIL – a government-owned PSU and TRAI-certified agency – be appointed as the independent auditor. This, they argued, would ensure complete transparency and neutrality in the audit process, especially considering the high stakes involved.

Filed on September 4 under the interconnection agreement category, the petition filed by Culver Max demands a comprehensive audit of Tata Play’s subscribers along with detailed operational data. Broadcasters are empowered under Section 14 of the TDSAT Act to approach the Tribunal over disputes concerning interconnection terms, including subscriber accounting, revenue-sharing arrangements, and allegations of underreporting or non-payment of dues by DTH operators.

On September 10, 2025, the Tribunal directed that Tata Play be formally served a notice regarding the case. Nitin Kala, counsel for Tata Play, sought additional time to respond, prompting the next hearing to be scheduled for September 16, 2025.

This dispute assumes greater significance as it unfolds during the high-profile Asia Cup 2025. Culver Max’s channels, including Sony Sports Network, remain absent from Tata Play’s DTH packs but are offered on an a la carte basis, impacting sports viewership and subscriber choices.

Earlier, the Tribunal had granted partial relief to Tata Play by directing the operator to deposit ₹40 crore within two weeks as part of a stay on the execution of a ₹128.42 crore demand notice issued by Culver Max.

In another critical order, the Tribunal stayed the execution of the contested notice and directed the broadcaster to cease airing any static images or scrolls related to the matter. The next hearing on this aspect is slated for September 26, 2025.

Culver Max later approached the Bombay High Court challenging the TDSAT order that barred the broadcaster from publicly commenting on Tata Play’s decision to remove its channels from DTH packs. The High Court, presided by Justice R.P. Mohite-Dere and Dr. Neela Kedar Gokhale, refused interim relief but allowed Sony to share a standard message on social media stating that the dispute is sub-judice and that Sony channels remain available on Tata Play’s a la carte service.

The conflict traces back to May 2025 when Tata Play dropped 25 Culver Max channels from its 106 DTH packs, allegedly without prior notice. Culver Max argued that Tata Play’s unilateral action was a breach of contractual obligations and violated TRAI regulations.

Subsequently, on June 6, 2025, Culver Max filed a writ petition claiming the May 30 TDSAT order was “ultra vires” and infringed on its constitutional rights, including freedom of speech and trade.

First Published onSep 16, 2025 12:46 PM

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