Disposed
B4U Broadband (India) Pvt. Ltd. and 3 Ors. v. Indian Performing Rights Society (Iprs) and 2 Ors.
Bombay HCCHSCD/1437/2018
Case brief
from the order text
What is this about?
IN THE HIGH COURT
What the court decided
AI extract
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION IN ITS COMMERCIAL DIVISION
COMMERCIAL CHAMBER SUMMONS NO.1437 OF 2018 WITH COMMERCIAL NOTICE OF MOTION NO.23 OF 2014 WITH COMMERCIAL NOTICE OF MOTION NO.24 OF 2014 WITH COMMERCIAL CHAMBER SUMMONS NO.1434 OF 2018 WITH COUNTER CLAIM NO.2 OF 2013 IN
COMMERCIAL IP SUIT NO.105 OF 2012
B4U Broadband (India) Pvt. Ltd. & Ors. ….Plaintiffs
Vs.
Indian Performing Rights Society (IPRS) & Ors. ….Defendants WITH
COMMERCIAL NOTICE OF MOTION NO.60 OF 2015 IN COMMERCIAL IP SUIT NO.233 OF 2015
Mr. Dhiraj Mhetre I/b. Khaitan Legal Associates for Plaintiffs. Mr. Sandeep V. Marne for applicant/defendants.
CORAM : K.R.SHRIRAM, J. DATE : 1st JULY 2019
P.C.:
COMMERCIAL CHAMBER SUMMONS NO.1437 OF 2018
1 At the outset, Mr. Marne states that in the cause title inadvertently the names of defendant nos.2 and 3 are shown, whereas defendant nos.2 and 3 were ordered to be deleted long ago. Mr. Marne seeks leave to amend the cause title.
2 Leave granted. Amendment to be carried out forthwith.
Gauri Gaekwad
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3 Mr. Mhetre, counsel for plaintiffs has no objection to the
proposed amendment to the written statement.
4 In view thereof, chamber summons is allowed and accordingly disposed in terms of prayer clause – (a).
5 Amendment to be carried out and copy of the amended written statement to be served within two weeks from today.
COMMERCIAL CHAMBER SUMMONS NO.1434 OF 2018
6 In view of the order passed in chamber summons no.1437 of 2018, Mr. Mhetre, counsel for defendant to the counter claim has no objection.
7 Chamber summons is allowed and accordingly disposed in terms of prayer clause – (a).
8 Amendment to be carried out and copy of the amended plaint to be served within two weeks from today.
9 Additional written statement to be filed and copy served within two weeks of receiving copy of the amended plaint.
COMMERCIAL IP SUIT NO.105 OF 2012
10 On or before 9th August 2019 parties shall file their respective affidavit of documents and serve a copy thereof upon the other side, failing
Gauri Gaekwad
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which parties will not be permitted to rely on any document, copy whereof is not annexed to the plaint and/or written statement and mentioned in the list of documents annexed to the plaint and/or written statement. This will not, however, prevent a party from confronting a witness of another party with any document.
11 By 16th August 2019 inspection to be completed. If inspection is not given, such party will not be permitted to rely on such document. By 23rd August 2019 statement of admission and denial with reasons for denial to be exchanged. If the statement of admission and denial is not given, parties shall be deemed to have admitted the existence of all the documents of the other side.
12 Suit be listed for issues on 28th August 2019 on which date parties shall come with agreed draft issues and a separate list of issues on which they are unable to agree. On the next date, if parties do not come with draft issues, they are put to notice that parties will be put to terms.
(K.R. SHRIRAM, J.)
Gauri Gaekwad
B4U Broadband (India) Pvt. Ltd. & Ors.
Indian Performing Rights Society (IPRS) & Ors.
K.R. Shriram
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court