- 1 - 3.s.2137.2001 skt IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION SUIT NO.2137 OF 2001 Phonographic Performance Ltd. ..Plaintiff -Versus- Music Broadcast Pvt. Ltd. & Ors. ..Defendants .......... Mr.Sandeep Parikh a/w. Mr.Kush Dhawan i/b Bilawala & Co. for the Plaintiff. Mr.Himanshu W. Kane a/w. Mr.Hiren Kamod i/b Himanshu W. Kane for defendant no.1. Mr.Dhaval Deshpande i/b Thakore and Jarawala & Assoc. for Defendant Nos.2 and 3. .......... CORAM : S.J. VAZIFDAR, J. DATE : 24TH AUGUST 2011. P.C. 1 This plaintiff seeks a permanent injunction restraining the defendants from infringing its copyright in the broadcasting rights of the sound recordings made by the plaintiff’s members in any manner, without obtaining a licence/permission from the plaintiff for the same. 2 Defendant Nos.2 to 6 are the plaintiff’s members who have assigned their rights in the sound recordings to the plaintiff. No reliefs therefore have been sought against them. - 2 - 3.s.2137.2001 3 Mr.Kane, the learned counsel appearing on behalf of defendant no.1 states that defendant no.1 has, in fact, filed an application under Section 31 of the Copyright Act, 1957 for a compulsory licence before the Copyright Board. The Copyright Board has granted the licence on certain terms and conditions by an order dated 16th October 2000. The plaintiff, it appears, has challenged the same. That proceeding is a different matter with which I am not concerned in this suit. However, the fact that the said application is made by defendant no.1, absent anything else, indicates that defendant no.1 does not intend using the plaintiff’s copyright in any manner without obtaining a licence. Nothing has been stated at todays hearing to indicate otherwise either. 4 In the circumstances, as on date, there is no cause of action for the plaintiff to continue with this suit. Obviously, in the event of a contrary stand being taken by defendant no.1 or by any other party to wit in the event of their contending that it is not necessary to obtain a licence from or the permission of the plaintiff to exploit the plaintiff’s copyright, the plaintiff is always at liberty to file a fresh suit or any other appropriate proceedings inter-alia for the reliefs claimed in this suit as well. Needless to add that all the rights and contentions of the parties including as to whether the plaintiff has a copyright, are always kept open in any such proceeding. - 3 - 3.s.2137.2001 5 With the above clarifications, the suit is disposed of. No orders as to costs. Refund of court fees, if any, as per rules. -