IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH WEDNESDAY, THE 15TH SEPTEMBER 2010 / 24TH BHADRA 1932 WP(C).NO. 23473 OF 2010(O) ---------------------------------------- OS.15/2009 OF I ADDL. DISTRICT COURT, TRIVANDRUM PETITIONER(S): --------------------- PHONOGRAPHIC PERFORMANCE LTD, CRESCENT TOWERS, 7TH FLOOR, B-68,VEERA ESTATE, OFF NEW LINK ROAD, ANDHERI(W),MUMBAI-400053, REP BY.G.ANAND NAGESWARAN, S/O.N.GANAPATHY,KRA-1, PRADEEP NIVAS, PETTAH,H.S.ROAD, PETTAH, TRIVANDRUM. BY ADV. SRI.VIVEK VARGHESE P.J. SRI.VARUGHESE M EASO SRI.P.J.VINOD JOSEPH SRI.P.G.GOPALAKRISHNAN UNNITHAN RESPONDENT(S): ------------------------- 1. M/S.HOTEL SAMUDRA, G.V.RAJA ROAD, KOVALAM, TRIVANDRUM,REP.BY ITS MANAGING DIRECTOR 695 527. 2. M/S.HOTEL RESIDENCY TOWER, SOUTH GATE OF SECRETARIAT,TRIVANDRUM BY ITS MANAGING DIRECTOR 695 001. 3. M/S.BEST WESTERN SWAGATH HOLIDAY RESORTS KOVALAM, TRIVANDRUM,REP.BY ITS MANAGING DIRECTOR 695 527. 4. M/S.SOMATHEERAM AYURVEDA RESORTS, CHOWARA PO, SOUTH KOVALAM, KOVALAM, TRIVANDRUM- 695 527, REP.BY ITS MANAGING DIRECTOR 5. M/S.S.P.GRAND DAYS, PANAVILA JUNCTION, TRIVANDRUM-14, REP.BY ITS MANAGING DIRECTOR. 6. M/S.CLASSIC AVENUE, MANJALIKKULAM ROAD, TRIVANDRUM-, REP.BY ITS MANAGING DIRECTOR.695001 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 15/09/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX --------------- PETITIONER'S EXHIBITS: --------------------------------- EXHIBIT P1 TRUE COPY OF PLAINT IN O.S. NO.15 OF 2009 OF THE FIRST ADDITIONAL DISTRICT JUDGE, THIRUVANANTHAPURAM DATED 22.12.2009. EXHIBIT P2 TRUE COPY OF WRITTEN STATEMENT FILED BY SECOND DEFENDANT IN O.S. NO.15 OF 2009 OF THE FIRST ADDITIONAL DISTRICT JUDGE, THIRUVANANTHAPURAM. EXHIBIT P2(A) TRUE COPY OF WRITTEN STATEMENT FILED BY THE 4TH DEFENDANT IN O.S. NO.15 OF 2009 OF THE FIRST ADDITIONAL DISTRICT JUDGE, THIRUVANANTHAPURAM DATED 19.3.2010. EXHIBIT P3 TRUE COPY OF PETITION I.A. NO.1941 OF 2010 IN O.S. NO.15 OF 2009 OF THE FIRST ADDITIONAL DISTRICT JUDGE, THIRUVANANTHAPURAM DATED 7.7.2010. EXHIBIT P4 TRUE COPY OF OBJECTION IN I.A. NO.1941 OF 2010 FILED BY THE SECOND DEFENDANT IN I.A. NO.1941 OF 2010 IN O.S. NO.15 OF 2009 OF THE FIRST ADDITIONAL DISTRICT JUDGE, THIRUVANANTHAPURAM DATED 17.7.2010. EXHIBIT P5 TRUE TYPE WRITTEN COPY OF ORDER DATED 20.7.2010 IN I.A. NO.1941 OF 2010 IN O.S. NO.15 OF 2009 OF THE FIRST ADDITIONAL DISTRICT COURT, THIRUVANANTHAPURAM. RESPONDENT'S EXHIBITS: ----------------------------------- NIL TRUE COPY THOMAS P.JOSEPH, J. ==================================== W.P(C) No.23473 of 2010 ==================================== Dated this the 15th day of September, 2010 J U D G M E N T All respondents in the Writ Petition are served but there is no response. Heard learned counsel for petitioner. 2. Petitioner sued the respondents in O.S. No.15 of 2009 of the court of learned Additional District Judge, Thiruvananthapuram to enforce the right acquired by the petitioner under the Copy Right Act. The case was posted for trial in the list and some evidence was recorded. While so, petitioner wanted to produce certain documents which were in the locker of petitioner at Mumbai and filed I.A. No.1941 of 2010 to reopen the case for evidence. That application was dismissed by the learned Additional District Judge vide Ext.P5, order. That order is under challenge. Learned counsel seeks one month’s time to produce the original documents. Having regard to the facts and circumstances of the case I do not find reason to refuse the request of petitioner. W.P(C) No.23473 of 2010 -: 2 :- Resultantly, this Writ Petition is allowed. Exhibit P5, order is set aside. Case is reopened. Petitioner is granted one month from this date to produce its documents in the court below. THOMAS P. JOSEPH, JUDGE. vsv