RFA No. 570 of 2010 ( 1) In the High Court of Punjab & Haryana at Chandigarh RFA No. 570 of 2010 (O&M) Date of decision : 16.8.2010 M/s Indian Performing Right Society ..... Appellant vs Business Promotion Council and others ..... Respondents Coram: Hon'ble Mr. Justice Rajesh Bindal Present: Mr. Pradeep Bedi, Advocate, for the appellant. Mr. A. D. S. Sukhija, Advocate, for respondents no. 5 to 7. Mr. Aman Bahri, Advocate, for respondent no. 8. Rajesh Bindal J. The plaintiff is in appeal before this court against the judgment and decree of the learned court below dated 1.6.2009 whereby the suit filed by it was dismissed. Briefly, the facts of the case are that the plaintiff society filed a suit under the Copy Rights Act, 1957 for permanent injunction restraining the respondents from using the musical works of the appellant company for public performance and literary works without obtaining a licence from it. Upon notice, the respondents contested the suit by filing reply. The allegations levelled by the plaintiff society were denied. The learned court below after considering the evidence led by the parties, dismissed the suit as it failed to prove that the defendants/respondents had violated its copy rights and trade mark right. Learned counsel for the appellant submitted that the court below has totally ignored the evidence led by it. It was submitted that the defendants/respondents are organising the musical functions on special occasions such as Independence Day, Dusshera, Diwali, New Year Eve etc. and violating the Copy Rights Act of the appellant company. Prayer is for setting aside the impugned judgment and decree of the court below. On the other hand, learned counsels for the respondents submitted that the allegations levelled by the appellant/plaintiff are without any basis. Neither any instance with regard to the allegations has been mentioned by the appellant nor any evidence was led in support thereof. It was submitted that as there was nothing on the record, the learned court below has rightly dismissed the suit. RFA No. 570 of 2010 ( 2) Heard learned counsel for the parties and perused the paper-book. In the present case, in support of the allegations levelled in the plaint, only PW1 Arvind Sharma appeared as a witness and placed on record his deposition sheet, Ex. P-1. During cross-examination, this witness admitted that in the year 2005 he was not at Chandigarh and signed the plaint at Mumbai. It was also admitted by him that the plaint was prepared at Mumbai but he was not consulted for preparation of the same. He further stated in his cross-examination that he was informed by Jolly Sound, Chandigarh that it was engaged by defendants no. 5 to 7 for playing the music but the plaintiff society had not examined any person on behalf of the Jolly Sound. As has been rightly held by the learned court below that the evidence of the plaintiff is based on hearsay and he had no knowledge with regard to violation of rights of the plaintiff. No other evidence was led by the plaintiff in order to prove the allegations levelled in the suit. As there was no evidence led by the plaintiff society in support of its claim, the learned court below has rightly dismissed the suit. The impugned judgment does not call for any interference by this court. Accordingly, the appeal is dismissed. Since the main appeal has been dismissed on merits, the applications for condonation of delay in refiling and filing of appeal are also dismissed. 16.8.2010 (Rajesh Bindal) vs. Judge