Bombay HC denies Sony relief in Tata Play row; plea withdrawn
Culver Max had filed a writ petition on June 6, contending that the May 30 order from TDSAT was “ultra vires” and infringed upon its constitutional rights, including the right to free speech and trade.
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The Bombay High Court on Tuesday refused to grant interim relief to Culver Max Entertainment Ltd (formerly Sony Pictures Networks India) in its plea challenging a directive from the Telecom Disputes Settlement and Appellate Tribunal (TDSAT) restricting the broadcaster from making public statements about Tata Play’s removal of its channels from base packs.
Culver Max Entertainment Private Limited, has formally withdrawn its writ petition filed before the Bombay High Court as the matter is pending hearing in TDSAT, New Delhi.
Bombay High Court order (a copy of which is with Storyboard18) states that Sony also sought two additional directions from the court: first, a request urging TDSAT to expedite hearings on its broadcasting and miscellaneous applications — including Broadcasting Petition Nos. 244/2025 and 467/2025 — preferably before their scheduled dates; and second, permission to issue a public clarification regarding the availability of its channels on Tata Play’s platform.
A division bench comprising Justice R.P. Mohite-Dere and Dr. Neela Kedar Gokhale recorded no objections from Tata Play’s counsel and accordingly permitted Sony to publish the following message on social media:
"The dispute between Tata Play and Sony is sub-judice and pending before the Hon'ble TDSAT. However, Sony channels are available on Tata Play on a la carte and as part of Sony bouquets. To activate Sony Channels on Tata Play DTH, call Tata Play on 1800 208 6633."
The bench in its order stated, "We request the Hon’ble TDSAT to consider taking up the broadcasting petitions and miscellaneous applications for hearing prior to the scheduled date, preferably in the first week of July 2025."
Culver Max had filed a writ petition on June 6, contending that the May 30 order from TDSAT was “ultra vires” and infringed upon its constitutional rights, including the right to free speech and trade. The dispute arose after Tata Play dropped 25 Culver Max channels from 106 of its DTH packs in May, allegedly without prior notice—an act Culver Max claims breached contractual obligations and violated TRAI guidelines.
The petition argued that the tribunal’s restraint order was arbitrary and lacked legal basis. “The Impugned Order is wholly arbitrary, and discriminatory in as much as it prevents the Petitioner from being able to defend itself from allegations levelled against it by viewers/subscribers on social media platforms,” the petition stated.
The company further asserted that the TDSAT had no jurisdiction over content shared on platforms governed by the Information Technology Act. “TDSAT is a creature of statute under the TRAI Act. It has no jurisdiction over social media posts governed by the IT Act,” the petition read.
Further, Culver Max insists that Tata Play failed to comply with mandatory QoS regulations, including the requirement of a 15-day notice via on-screen scrolls before discontinuing channels. The scrolls, Culver Max claims, were aired during low-viewership hours and lacked clarity.
The broadcaster also said it issued a disconnection notice to Tata Play on May 21 for non-payment of over ₹128 crore in dues. While TDSAT on May 27 ordered Tata Play to pay ₹40 crore and stayed the disconnection, the tribunal also restricted Culver from displaying on-air scrolls — a direction that was later extended to include online communication.
Culver Max also criticized the TDSAT for granting relief to Tata Play beyond the original scope of the broadcaster's petition. It cited constitutional violations under Articles 14, 19(1)(a), and 19(1)(g), and sought to quash the tribunal’s directive and halt its enforcement.
