Novex Communications Private Limited vs Waves Hotels and Estates Pvt. Ltd. — Bombay HC (2026) — LawSathi Research

Novex Communications Private Limited vs Waves Hotels and Estates Pvt. Ltd. — Bombay HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Suit disposed of and decreed in terms of the order dated 4th August 2025 (recording the Defendant's undertaking against unauthorized use of the Plaintiff's sound recordings); director of the Defendant to file a written undertaking with the Registry within eight weeks that the premises will not be used for unauthorized broadcasting of the sound recordings; pending applications, if any, disposed of.

Issue for consideration

Whether the suit could be disposed of in terms of the undertaking and statements recorded in the order dated 4th August 2025, with a written undertaking to be filed by the Defendant.

Court's answer

The order dated 4th August 2025 protects the right of the Plaintiff and in fact decrees the suit, since the relief sought was against infringement.

Ratio / Principle

The suit is disposed of in terms of the order dated 4th August 2025.

Key takeaways

The director of the Defendant is to file an undertaking with the Registry within eight weeks, specifically undertaking that the premises will not be used for unauthorized broadcasting of the sound recordings in which the Plaintiff holds copyright.ratio¶23
Nothing survives for consideration in the pending Applications, if any, and they stand disposed of.ratio¶26

Detailed headnote1 paragraphs

Bombay High Court, Commercial Division (Sharmila U. Deshmukh, J.), disposed of and decreed Commercial IP Suit No. 670 of 2025 (Novex Communications Private Limited v. Waves Hotels And Estates Pvt Ltd) in terms of the Court's order dated 4th August 2025, whereby the Defendant's statement - accepted as an undertaking to the Court - that its premises would not be used for unauthorized use of the sound recordings in which the Plaintiff holds copyright was recorded, and the Interim Application was allowed. The Court held that the order of 4th August 2025 protected the Plaintiff's rights and in fact decreed the suit, the relief sought being against infringement. The director of the Defendant was directed to file an undertaking with the Registry within eight weeks specifically undertaking that the premises would not be used for unauthorized broadcasting of the sound recordings; pending applications, if any, stood disposed of.

2026:BHC-OS:1812

3 COMIP-670-2025.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION

IN ITS COMMERCIAL DIVISION

COMMERCIAL IP SUIT NO. 670 OF 2025

Novex Communications Private Limited ...Plaintiff Versus

Waves Hotels And Estates Pvt Ltd ...Defendant

Mr. Rashmin Khandekar, Ms. Riti Gada i/b Dua Associates for Plaintiff.

Mr. Gauraj Shah, Mr. V. A. Joshi, Mr. Yogesh Patel, Mr. Ameen Raibakker i/b Chitnis Vaithy and Co. for Defendant.

——————

CORAM : SHARMILA U. DESHMUKH, J.

DATE : JANUARY 22, 2026

P. C. :

1. By order of 4^th August, 2025, this Court had recorded the statement of the Defendant that the Defendant will ensure that their premises are not used for unauthorized use of the sound recordings in which the Plaintiff holds copyright, which was accepted as undertaking given to this Court and Interim Application was allowed in view of the statements and submissions as recorded in the order of 4^th August, 2025.

2. Learned counsel appearing for Plaintiff, on instructions, submits

that the suit can be disposed in terms of the undertaking and

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3 COMIP-670-2025.doc

statement as recorded in the order of 4^th August, 2025 and a written undertaking be filed by the Defendant.

3. The order of 4^th August, 2025 records the statements made by the learned counsel for Defendant on instructions, which are accepted as undertaking given to this Court. The order of 4^th August, 2025 protects the right of the Plaintiff and in fact, decrees the suit as the relief which was sought was against the infringement.

4. The suit is therefore, disposed of in terms of order dated 4^th August, 2025.

5. The director of Defendant to file an undertaking with the Registry within period of eight weeks from today specifically undertaking that their premises will not be used for unauthorized broadcasting of the sound recordings in which the Plaintiff holds the copyright.

6. The undertaking to be filed within period of eight weeks from today.

7. The suit is decreed in terms of the order dated 4^th August, 2025.

8. In view of above, nothing survives for consideration in pending Applications, if any, and the same stand disposed of.

[SHARMILA U. DESHMUKH, J.]

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