Vacating interim injunction will not affect SMS providers: HC
The Madras High Court today permitted SMS across the country on the One-day cricket matches being played between India and Pakistan.
The Court said if its interim injunction restraining the SMS on the ODIs was vacated, it would not affect the service providers or the firm which had acquired the restraint order.
"If vacated, it will not affect either of the parties," Justice R Banumathi said allowing a batch of petitioners from Bharti Televentures and Hutch to vacate the February 7 order by Justice M Chockalingam, restraining Cellphone service providers and others from giving SMS on the ODIs.
The city-based M/S Marksman Marketing Services Ltd had secured the restraint order on a suit filed by it, contending that the company had acquired rights to SMS from Vectracom, which, in turn, had secured the global rights for SMS on updates for the five ODIs from the Pakistan Cricket Board.
"If the plantiff establishes his right at a later stage, it can very well be compensated by way of money," the judge held and vacted the Ex Parte order.
On the other hand, if the four week injunction were allowed to continue, SMS providers would be subject to hardship and revenue loss, she said.
The Judge ordered the SMS providers to keep correct SMS accounts rendered for the ODIs.Stating that she would provide a detailed order on Monday pertaing to the arguments raised, the Judge observed that from the December 29 last agreement entered into between PCB and Vectracom, it was not known whether the latter had deposited the amount as per the terms and conditions for the agreement and whether it had acquired full rights for SMS. "The plaintiff has not come out with the full particulars about the agreement and it is incomplete," the judge said and noted that only on February 3 last, Vectracomm had assigned the rights to marskman marketting, which thereafter had moved the High Court.
The Court said if its interim injunction restraining the SMS on the ODIs was vacated, it would not affect the service providers or the firm which had acquired the restraint order.
"If vacated, it will not affect either of the parties," Justice R Banumathi said allowing a batch of petitioners from Bharti Televentures and Hutch to vacate the February 7 order by Justice M Chockalingam, restraining Cellphone service providers and others from giving SMS on the ODIs.
The city-based M/S Marksman Marketing Services Ltd had secured the restraint order on a suit filed by it, contending that the company had acquired rights to SMS from Vectracom, which, in turn, had secured the global rights for SMS on updates for the five ODIs from the Pakistan Cricket Board.
"If the plantiff establishes his right at a later stage, it can very well be compensated by way of money," the judge held and vacted the Ex Parte order.
On the other hand, if the four week injunction were allowed to continue, SMS providers would be subject to hardship and revenue loss, she said.
The Judge ordered the SMS providers to keep correct SMS accounts rendered for the ODIs.Stating that she would provide a detailed order on Monday pertaing to the arguments raised, the Judge observed that from the December 29 last agreement entered into between PCB and Vectracom, it was not known whether the latter had deposited the amount as per the terms and conditions for the agreement and whether it had acquired full rights for SMS. "The plaintiff has not come out with the full particulars about the agreement and it is incomplete," the judge said and noted that only on February 3 last, Vectracomm had assigned the rights to marskman marketting, which thereafter had moved the High Court.
