Allowed

Phonographic Performance Ltd. v. Ht Music and Enterainment Co.Ltd and Anr.

Bombay HC20 Aug 2015NMS/14/2016

Case brief

AI extract

What is this about?

The Single Judge allowed withdrawal of a notice of motion seeking ad-interim injunction regarding usage of musical repertoire, on terms of giving future notice, dismissing the pending motion without costs.

What did the court decide?

Leave granted to withdraw the Notice of Motion with liberty to file a fresh Notice of Motion upon giving 48 hours notice.

Phonographic Performance Ltd. Vs Ht Music and… — Intellectual Property | Bombay HC (2015)

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907-NMSL-2233-15-SL-841-15.DOC

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Sharayu.

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION (L) NO. 2233 OF 2015

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IN

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SUIT (L) NO. 841 OF 2015

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Phonographic Performance Limited…Plaintiffs
Versus

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HT Music and Entertainment Co.Ltd. & Anr.…Defendants

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Mr. N. H. Seervai, Senior Advocate , a/w Ms. Gulnar Mistry a/w Mr. Manish Upadhyay i/b Ms. Madhavi D. Ravuri, for the Plaintiffs.

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Mr. Ravi Kadam, Senior Advocate , a/w Mr. Abhishek Malhotra, Mr. Ricob Chand i/b Mr, Rakesh Sawant, for the Defendant No. 1.

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CORAM: G.S. PATEL, J DATED: 20th August 2015

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PC:-

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1.Mr. Kadam, Learned Senior Counsel for Defendant No. 1,
states on instructions from Mr. Manoj Bhargava, who is personally
present in Court, that the 1st Defendant does not presently propose
to use any part of the Plaintiff’s repertoire in any broadcasts. The
1st Defendant has applied for and is awaiting the necessary
broadcast permissions. Once those are received, the 1st

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907-NMSL-2233-15-SL-841-15.DOC

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Defendant’s Advocates will give the Advocates for the Plaintiffs at
least seven working days’ notice. On this statement being made,
and which is without prejudice to the rights and contentions of the
Defendants, Mr. Seervai, Learned Senior Counsel for the Plaintiff,
also on instructions seeks leave to withdraw the Notice of Motion
with liberty to file a fresh Notice of Motion. Leave granted with
liberty as prayed.

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2.It is clarified that all rights and contentions on both sides are
expressly kept open. Further, should the Plaintiff file a fresh Notice
of Motion, they will give at least 48 hours’ advance notice to the 1st
Defendant at its Registered Office at 18-20, Kasturba Gandhi Marg,
New Delhi – 110 001.

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3.Ad-interim order dated 17th August 2015 stands vacated in
view of the foregoing. The Notice of Motion is disposed of in these
terms with no order as to costs.

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(G. S. PATEL, J.)

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Phonographic Performance Ltd. v. Ht Music and Enterainment Co.Ltd and Anr.

Case brief

What is this about?

What did the court decide?

Phonographic Performance Ltd. v. Ht Music and Enterainment Co.Ltd and Anr.

Case brief

What is this about?

What did the court decide?

What the court decided

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