1 RMA IN THE HIGH COURT OF JUDICATURE AT BOMBAY O.O.C.J. APPEAL NO. 151 OF 2009 IN SUIT NO. 2283 OF 2007 Music Choice India Private Limited, ] Having its registered office at C-1/1520, ] Vasant Kunj, New Delhi – 110 070. ] Appellant V/s. Super Cassettes Industries Limited, ] having its office at Golden Chariot Studio, ] B-14, New Link Road, Andheri (W), ] Mumbai – 400 053. ] Respondent Mr. Janak Dwarkadas, Sr. Counsel a/w Mr. H.W. Kane, Mr. Rahul Kadam, Mr. Hiren Kamod for the Appellant Dr. Virendra Tulzapurkar, Sr. Counsel, Mr. Amit Jamsandekar i/b M/s. Bilwala & Co for the Respondent CORAM : B.H. MARLAPALLE & SMT. V.K. TAHILRAMANI, JJ RESERVED ON : 15th January, 2010 PRONOUNCED ON : 22nd January, 2010 P.C.: [PER B.H.MARALAPALLE, J.] 1. Heard Shri. Dwarkadas, learned Senior Counsel for the Appellant / app151-09.doc 2 Plaintiff with Mr. H.W. Kane, Mr. Rahul Kadam, Mr. Hiren Kamod and Dr. Tulzapurkar, learned Senior Counsel with Mr. Amit Jamsandekar. 2. Admit. 3. Respondent waives service. 4. By consent of the parties, paper book dispensed with and the Appeal has been heard finally. 5. For the reasons elaborately set out by us, in our Judgment in Appeal No. 150 of 2009, this Appeal also stands dismissed. We confirm the impugned order passed by the learned trial court to the extent it holds that it does not have jurisdiction to try the suit and the suit is dismissed for want of jurisdiction. 6. This order does not prevent the Plaintiff from applying to the Board for expeditious decision on its application pending for compulsory license under Section 31(1)(b) of the Act. 7. Parties to bear their own costs. [SMT. V.K. TAHILRAMANI, J.] [B.H. MARLAPALLE, J.] app151-09.doc 3 app151-09.doc