IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN THURSDAY, THE 25TH MARCH 2010 / 4TH CHAITHRA 1932 FAO.No. 348 of 2009() --------------------- AGAINST THE ORDER DATED 23/12/2009 IN IA 2790/09 IN OS.15/2009 of I ADDL. DISTRICT COURT, TRIVANDRUM .................... APPELLANT: -------------------- PHONOGRAPHIC PERFORMANCE LTD.,CRESCENT TOWERS, 7TH FLOOR, B-68, VEERA ESTATE, OFF NEW LINK ROAD, ANDHERI (W), MUMBAI-400 053, REPRESENTED BY G.ANAND NAGESWARAN, S/O.N.GANAPATHY, KRA-1, PRADEEP NIVAS, PETTAH, H.S.ROAD, PETTAH, TRIVANDRUM. BY ADVS. MR.VIVEK VARGHESE P.J., MR.P.J.VINOD JOSEPH. RESPONDENT(S): --------------------------- 1. M/S.HOTEL SAMUDRA, G.V.RAJA ROAD, KOVALAM, TRIVANDRUM, REPRESENTED BY ITS MANAGING DIRECTOR. 2. M/S.HOTEL RESIDENCY TOWER, SOUTH GATE OF SECRETARIAT, TRIVANDRUM REPRESENTED BY ITS MANAGING DIRECTOR. 3. M/S.BEST WESTERN SWAGATH HOLIDAY RESORTS, KOVALAM, TRIVANDRUM, REPRESENTED BY ITS MANAGING DIRECTOR. 4. M/S.SOMATHEERAM AYURVEDA RESORTS, CHOWARA P.O., SOUTH KOVALAM, KOVALAM, TRIVANDRUM-695 527, REPRESENTED BY ITS MANAGING DIRECTOR. 5. M/S.S.P.GRAND DAYS, PANAVILA JUNCTION, TRIVANDRUM-14, REPRESENTED BY ITS MANAGING DIRECTOR. R1 BY ADVS.MR.B.GOPAKUMAR, SMT.CHINCY GOPAKUMAR, MR.ASWIN GOPAKUMAR, MR.ANWIN GOPAKUMAR. R3 TO R5 BY ADVS. MR.NAIR AJAY KRISHNAN, MR.R.T.PRADEEP. THIS FIRST APPEAL FROM ORDERS HAVING BEEN FINALLY HEARD ON 25/03/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss M.N.KRISHNAN, J ===================== FAO No.348 OF 2009 ===================== Dated this the 25th day of March 2010 JUDGMENT This F.A.O is preferred against the order of the Addl.District Court, Thiruvananthapuram in O.S.No.15 of 2009. Along with the suit, I.A.No.2790 of 2009 was moved for an injunction and the court issued notice to the respondents and posted for return of notice to 5.1.2010. During the pendency of the FAO here, a learned Judge of this Court granted an order to the effect that 'respondents or their agents or the persons acting on their behalf are hereby restrained, until further orders in any manner communicating the sound recordings of the members of the plaintiff company to the members of the public by playing cassettes or CDs containing sound recordings by any means of diffusion to communicate the public which infringes the plaintiff company's right in the scheduled event to be held on 31.12.2009 and on 1.1.2010 and in any events in future'. I feel that since the two specific functions to be held on 31.12.2009 and on 1.1.2010 are over and as the interim injunction application filed by the plaintiff is pending before the court below, the only appropriate remedy for FAO 348/2009 -:2:- the plaintiff is to pursue hearing of that interim application and obtain necessary orders. I make it very clear that the plaintiff, if wants to pursue the remedy of injunction has to proceed with interim application before the court below for an order on merits after hearing both sides since both sides had entered appearance before this Court. Untrammeled by the observations made in the interlocutory order of this Court, the matter has to be disposed of also. The FAO is therefore closed. M.N.KRISHNAN, JUDGE Cdp/-