|
Chennai, Feb. 11: You can again read the India-Pakistan cricket scores on your mobile.
Madras High Court today vacated its February 7 order restraining cellphone companies from flashing SMS updates of the current one-day series for four weeks.
Justice M. Chockalingam had passed the interim stay after Chennai-based Marksman Marketing Services Private Limited claimed exclusive rights within India to text-message information on the matches.
Today, after hearing counter-affidavits filed by an army of mobile firms, Justice Bhanumathy lifted the stay ruling Marksmans petition was incomplete.
Marksman had contended that a company, Vectracom, had bagged the exclusive global SMS rights for the entire India-Pakistan series from the Pakistan Cricket Board (PCB) on December 29. It had then granted the petitioner the Indian rights for the one-dayers.
The judge said it wasnt clear whether Vectracom had deposited the entire sum in accordance with its agreement with the PCB and whether it had acquired the full rights.
The plaintiff (Marksman) has not come out with the full particulars, she said, adding that the petition was therefore incomplete. She also pointed out that Marksman had failed to include the PCB and Vectracom in its petition; so this court will not be able to determine the conclusive right of the plaintiff.
If the injunction against the cell firms continued, she argued, it would cause them great hardship and revenue loss. Vacating it, however, would not affect either party.
If Marksman later succeeds in proving its case, it could be awarded compensation, the judge said, directing all the defendants to maintain a correct account for the SMS services rendered by them for the ODIs.
The mobile companies had earlier argued that they had come to know of the purported SMS deals only after the petitioner had moved court.
Some, such as Bharti Tele-Ventures, questioned the PCBs authority to grant such rights, which were a gross violation of the fundamental rights of the Indian citizens.
|