1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION APPEAL NO.163 OF 2010 IN NOTICE OF MOTION NO.836 OF 2010 IN SUIT NO.1588 OF 2007 Phonographic Performance Ltd. .... Appellant Vs. Entertainment Network India .... Respondents Ltd & Ors. Mr.F. Devitre, Senior Counsel with Amit Jamsandekar i/by Bilwala & Co.for appellant. Mr. Janak Dwarkadas, Senior Counsel with V.R. Dhond i/by Mulla & Mulla & CBC for respondents. Coram : D.K. Deshmukh & Smt.R.P. SondurBaldota, JJ. Date : 10th June, 2010 P.C. 1. The learned counsel for both the sides have stated before us that for disposing of the appeal in the following terms, it is not necessary to record any reasons. (i) The order impugned in the appeal is set aside. The respondent,however,shall be permitted by the appellant- plaintiff to broadcast the work from the station, which are subject matter of this suit by paying royalty at the rate fixed by the order dated 14th September 2009, which is impugned in this appeal. 2 (ii) Within a period of two weeks from today, the respondent shall make an application to the Copy Right Board for grant of interim license and for fixation of interim royalty. Before filing that application, copy of that application shall be served on the appellant-plaintiff. (iii)The Copy Right Board shall consider that application to be filed by the respondents in accordance with law and dispose it of as expeditiously as possible, in any case within a period of three months, from today. (iv) If the Copy Right Board or any other superior court thereto does not make an interim or final order in favour of respondent at the end of aforesaid period of three months then on expiry of three months, interim injunction in terms of prayer clause (a) of Notice of Motion No.2180 of 2007 shall stand granted. (v) All the contentions available to both the sides are kept open to be raised before appropriate court or authority. 2. The appeal is disposed of. 3. In view of disposal of the appeal, the Notice of Motion No. 836 of 2010 does not survive, the same is accordingly disposed of. (Smt.R.P.SondurBaldota,J) (D.K.Deshmukh, J.)