1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.2180 OF 2007 IN SUIT NO.1588 OF 2007 Phonographic Performance Ltd. ....Plaintiff V/s. Entertainment Network India Ltd. & Ors. ....Defendants Dr.Virendra Tulzapurkar, Senior Counsel with Mr.Amit Jamsandekar i/b M/s.Bilawala & Co. for the Plaintiff. Mr.Janak Dwarkadas, Senior Counsel with Mr.Pradeep Sancheti, Mr.Rahul M. i/b Mulla & Mulla & C. B. & Co. for Defendant No.1. Ms.Brigitta John i/b Wadia Gandhy & Co. for Defendant Nos.2 to 6. CORAM : S.J. VAZIFDAR, J. DATE : 14TH SEPTEMBER, 2009. P.C. :- 1. The only aspect to be determined at this stage is the fixation of a reasonable amount to be paid by Defendant No.1 to the Plaintiff as licence fees. This in addition is only at this stage of the litigation in view of the peculiar facts arising inter-alia from the pendency of similar proceedings before the Calcultta High Court and before the Copyright Board. 2. The nature of the rights and the course of the litigation has been set out in the ad-interim order dated 10.7.2007. There is no dispute in this regard. Pursuant to various proceedings between the same parties in the Calcutta High Court in Suit No.480 of 2001, the rate of Rs.661/- per 2 needle hour was fixed. That rate continues to be operative between the parties even today. This interim order dated 26.3.2004 has been challenged by both the parties before the Division Bench of the Calcutta High Court. I am informed that the Appeals are pending. 3. Although strictly I may not be bound by the order of the Calcutta High Court, considering the facts and circumstances of the case, it would be appropriate to await the decision of the Division Bench of the Calcutta High Court before deciding this application finally. In addition thereto, Mr.Sancheti, the learned counsel appearing on behalf of Defendant no.1 on taking instructions states that if the amount fixed by the Division Bench of the Calcutta High Court or by the Copyright Board is higher than Rs.661/- per needle hour, the Defendants would pay the same subject to any revision thereof in any challenge to that order. Further the same will be paid subject to any revision on an application whether in these proceedings or in any other proceedings that the Defendants may adopt. 4. The Notice of Motion is accordingly disposed of by fixing the rate at Rs.661/- per needle hour with liberty to the parties to take out a fresh Notice of Motion after the decision of the Division Bench of the Calcutta High Court in the said Appeals or the Copyright Board. All the contentions between the parties are kept open.