Supreme Court Dismisses Sahara India TV's Appeal Against TDSAT Order To Pay ₹44.12 Lakh Placement Charges
The Supreme Court on Tuesday dismissed the appeal filed by Sahara India TV Network challenging a Telecom Disputes Settlement and Appellate Tribunal (TDSAT) order directing it and ABS Media Services Pvt Ltd to jointly and severally pay ₹44.12 lakh in outstanding placement charges to Den New Broad Communication Pvt Ltd, along with 9% annual interest.
A Bench of Justices B.V. Nagarathna and R. Mahadevan said that the appeal filed by Sahara India TV had a delay of 255 days in its filing. The Bench subsequently dismissed the applications seeking condonation of delay and the civil appeal.
The Court observed:
“On consideration of the same, we find that the explanation offered for seeking condonation of delay in filing this appeal is not satisfactory.”
Appearing for Sahara India TV Network, counsel submitted that the entire claim had been allowed by TDSAT primarily on the basis of the agreement dated March 20, 2013, which did not bear the signature, seal or stamp of Sahara India TV Network.
Referring to the agreement and the Tribunal's reasoning, counsel argued that the agreement had been executed by ABS Media Services and could not, in the absence of Sahara's acceptance or signature, form the basis for imposing joint and several liability on Sahara India TV Network.
Counsel submitted,
“This has not been signed, My Lords. You have seen it. It has not been signed.”
The Bench questioned whether, even in the absence of a written agreement, the conduct of the parties could establish a contractual relationship. Referring to the earlier agreement, the Bench asked what had transpired after its expiry and whether the parties' conduct could indicate an arrangement between them.
The court observed, said:
“The very argument of respondent number one is that it never entered into the agreement dated 2013 because it does not bear its signature or acceptance. Let us assume that the 2013 agreement is not there. What is the conduct?”
Counsel maintained that Sahara's consistent case was that there was no agreement after 2013 and consequently, no liability could be fastened upon it on the basis of the subsequent agreement.
He further submitted that even if liability was established against ABS Media Services, the decree could not automatically be enforced against Sahara India TV Network.
The Bench however, examined the Tribunal's reasoning in paragraph 17, which recorded that the agreement had been entered into by respondent number two, ABS Media Services, with Sahara India TV Network being mentioned as a party.
The Bench also considered the application seeking condonation of a delay of 255 days in filing the civil appeal.
Explaining the delay, counsel submitted that the Sahara Group was facing multiple legal proceedings, investigations and an overall financial and administrative crisis. He argued that time had been consumed in arranging the relevant documents and taking steps to institute the appeal.
Counsel further submitted that several employees of the Sahara Group had left their employment, resulting in difficulties in collecting the necessary records.
Referring to the explanation in the application, counsel stated that the circumstances had contributed to the delay in filing the appeal.
The Court however, was not satisfied with the explanation furnished by Sahara for the delay. It consequently dismissed the applications seeking condonation of delay.
Den New Broad Communication Pvt Ltd, a Multi-System Operator (MSO), approached the Telecom Disputes Settlement and Appellate Tribunal seeking recovery of ₹44.12 lakh in outstanding placement charges along with 18% interest from Sahara India TV Network and ABS Media Services Pvt Ltd.
The dispute arose from agreements dated June 1, 2011 and March 20, 2013 under which the petitioner had placed Sahara One and Filmy channels on specified frequencies. It alleged that the respondents failed to clear the placement charges despite repeated demands.
TDSAT held that the petition was maintainable and that the agreements of June 1, 2011 and March 20, 2013 were binding on the parties. It found that the petitioner's documentary and oral evidence established the outstanding placement charges, while the respondents failed to effectively rebut the claim.
The Tribunal decreed the petition and directed Sahara India TV Network and ABS Media Services to jointly and severally pay ₹44,12,627 with simple interest at 9% per annum, from the date of filing the petition until actual payment, within two months of the judgment dated November 28, 2025.