On 5th April 2021, TVF a.k.a The Viral Fever, came out victorious against a popular OTT platform, MX Player, on the ground of some serious legal battle. The Delhi High Court clearly dismissed the plea filed by MX Player which was filed against TVF aka The Viral Fever. The appeal stated an interim injunction order with respect to the exclusive rights over 3 particular TVF shows.
Background Check
The shows, that’s been instrumental to the dispute between the two platforms:
1. Immature Season 2
2. Aspirants Season 1
3. Flames Season 3
Claims made by MX Player
MX Player claimed that they had a concurrence with TVF in March 2020 in regards to the rights of the said shows. MX Player guaranteed that they had procured elite rights to channel the 3 shows on the said agreement made with TVF in 2020, March.
However, the stated fact not untrue, as both the parties made the agreement on the above-mentioned shows, however, MX Player also paid 310000 dollars to TVF in advance for the same.
It was asserted by MX Player that TVF even following one year after the understanding on the same, was not prepared to give the rights to MX Player. With this, MX Player submitted their plea to get an interim relief for the exclusive rights for the said shows and also appealed with a demand that TVF should make reimbursement of the advance amount that MX player has paid with 18% interest.
Claims made by TVF
TVF mollified that they never made a deducible agreement with MX player. The advocate who was fighting for TVF stated that it is indeed true that two parties had an agreement in 2020, however, MX Player never sent the contract back. MX Player was not ready to go by the covenants of the agreement made by TVF, rather it kept on suggesting its own amendments only.
Stating that, TVF refused to pay the extra 18% interest on reimbursement, and also rebelled against the issuing of an interim injunction.
The Court’s inference
Subsequent to hearing out the whole matter, C Hari Shankar (judge) saw that MX Player failed to make a solid impression to get the grant of the relief sought. After long scrutiny of the conversation between the two parties, obviously demonstrated that MX player was reluctant to maintain the pledges contained in the Agreement sent by TVF.
Consequently, it is right to presume that there was no “consensus ad idem” (meeting of minds) between the two, at any phase of the procedures with respect to the contracts of the Agreement executed.
That’s that, without any agreement properly endorsed by the two parties, it can’t be said that there was a concluded contract occurred between the two parties.
The court also added that to enforce a contract by law, both parties need to have “consensus ad idem” (meeting of minds) or a dully signed contract to have a coherent concluded contract to be held. In this case, both were absent.
The Decision
Drawing that, the court dismissed the plea filed by MX Player, as they failed to make a prima facie case in front of the court. However, the court also added that the parties have got liberty to seek resolution of their disputes by arbitration.
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