Monday, May 08, 2006
Bombay High Court Rejects 'The Hindu' Plea for 'Deccan Chronicle'
Mumbai: Bombay High Court has rejected the plea by 'The Hindu' to restrain the Audit Bureau of Circulation from issuing certificate for the circulation of Chennai edition of 'Deccan Chronicle' for the period July-December 2005. Plea was made by M/s Kasturi and Sons, publishers of 'The Hindu', and was rejected by an order dated April 25, 2006, signed by Justice Nishita Mhatre.
In a revealing comment, the publishers of 'The Hindu' admitted in their plea that such a certificate issued to 'Deccan Chronicle' "would adversely affect the circulation and advertising revenues of The Hindu "and would"also adversely affect the business interests of 'The Hindu', which has a dominant market share in Chennai."
Publisher added that "there is every possibility that their advertising market would be hampered" and claimed damages "on account of losses and hardships they suffered."
In an affidavit, Hormuzd Masani, ABC secretary-general, told the court that ABC believed in integrity and objectivity and had done surprise checks to verify the circulation of 'Deccan Chronicle'. Masani noted that "during the first surprise audit in January 2006, we were satisfied with the maintenance of publishers' books and records and had accordingly issued the Yellow Incoming Certificate containing the certified circulation figures of 'Deccan Chronicle', Chennai, for the audit period July-December 2005 based on audit of the second defendant's books and records".
ABC told the Bombay high court that all relevant documents will be placed before the ABC council of management, which will decide as to whether a certificate should be granted to 'Deccan Chronicle' for Chennai for July-December 2005. The council of management of the ABC will decide the issue in accordance with the rules governing ABC, including the notifications issued by it from time to time. "In view of this matter there is no need to grant ad interim relief. Hence ad interim relief is refused," Justice Mhatre said. Court has given 4 weeks from April 25 for a reply and a rejoinder, if any, is to be filed within 2 weeks thereafter. The motion is made returnable after 8 weeks.
In a revealing comment, the publishers of 'The Hindu' admitted in their plea that such a certificate issued to 'Deccan Chronicle' "would adversely affect the circulation and advertising revenues of The Hindu "and would"also adversely affect the business interests of 'The Hindu', which has a dominant market share in Chennai."
Publisher added that "there is every possibility that their advertising market would be hampered" and claimed damages "on account of losses and hardships they suffered."
In an affidavit, Hormuzd Masani, ABC secretary-general, told the court that ABC believed in integrity and objectivity and had done surprise checks to verify the circulation of 'Deccan Chronicle'. Masani noted that "during the first surprise audit in January 2006, we were satisfied with the maintenance of publishers' books and records and had accordingly issued the Yellow Incoming Certificate containing the certified circulation figures of 'Deccan Chronicle', Chennai, for the audit period July-December 2005 based on audit of the second defendant's books and records".
ABC told the Bombay high court that all relevant documents will be placed before the ABC council of management, which will decide as to whether a certificate should be granted to 'Deccan Chronicle' for Chennai for July-December 2005. The council of management of the ABC will decide the issue in accordance with the rules governing ABC, including the notifications issued by it from time to time. "In view of this matter there is no need to grant ad interim relief. Hence ad interim relief is refused," Justice Mhatre said. Court has given 4 weeks from April 25 for a reply and a rejoinder, if any, is to be filed within 2 weeks thereafter. The motion is made returnable after 8 weeks.
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