Allowed

Phonographic Performance Limited v. Neb Sports Entertainment Private Limited & Ors.

Delhi HC20 Aug 2024CS(COMM)/249/2024

Case brief

AI extract

What is this about?

The Delhi High Court decreed a suit between Phonographic Performance Limited and NEB Sports Entertainment Private Limited based on a consensual Settlement Agreement. Following the settlement, the Court also ordered a full refund of court fees paid by the plaintiff.

What did the court decide?

Suit decreed on terms of Settlement Agreement; Certificate for 100% refund of court fees directed to Registry.

Phonographic Performance Limited Vs Neb… — Contract and Commercial Disputes | Delhi HC (2024)

¶1

$~36

¶2

IN THE HIGH COURT OF DELHI AT NEW DELHI

¶3

- CS(COMM) 249/2024

¶4

PHONOGRAPHIC PERFORMANCE LIMITED .....Plaintiff Through: Mr. Raghu Vinayak Sinha, Advocate.

¶5

versus

¶6

NEB SPORTS ENTERTAINMENT PRIVATE LIMITED & ORS.

¶7

.....Defendants

¶8

Through: Mr. Utkarsh Joshi and Mr. Ishwar Singh, Advocates.

¶9

CORAM:

¶10

HON'BLE MR. JUSTICE SAURABH BANERJEE

¶11

O R D E R

¶12

% 20.08.2024

¶13

I.A. 36746/2024-(Application filed under Order XXIII Rule 3 read with Section 151 of the CPC)

¶14

This is a joint application on behalf of the parties seeking a consent decree based on the terms of the Settlement Agreement as enumerated in paragraph 2 of the present application, which are reproduced hereunder:

¶15

“ii. The Defendant undertakes to maintain a vigil over the use of unauthorized sound recordings in its stall area during the sports events conducted by them to the following extent: -

¶16

a. The Defendant shall be accountable, subject to the conditions in Clause 2(ii)(b) to Clause 2(ii)(f), for any sound recording played by the Defendant or its representatives at any of its events and/or by any sponsors/commercial partners at the designated areas, i.e. the main stage, warmup area, flag off and finish areas and expo venue on the day preceding the race/event, where stalls and other organisational aspects are stored (hereinafter referred to as

¶17

" designated areas ");

¶18

b. The Defendant shall appoint a designated representative and provide the details of such designated representative to the Plaintiff as a 'point of contact' prior to organising any event. The Plaintiff shall get in touch with the representative in case it finds any unauthorised exploitation at the events of the Defendant.

¶19

c. The Plaintiff shall also designate a representative who shall be the 'point of contact' for the Defendant. The Defendant shall provide the details of such a designated representative of the Plaintiff to any sponsors/commercial partners who are desirous

¶20

This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 22/08/2024 at 12:18:12

¶21

of playing sound recording at their stall or otherwise to take an appropriate license of the Plaintiff in advance or in order to regularise past infringement.

¶22

d. The Defendant shall provide complete details of the persons/organisations which are playing sound recordings unauthorizedly within the designated places within a reasonable period of such infringement coming within the knowledge of the Defendant, such that the Plaintiff can take appropriate steps. e. The Defendant/ its affiliates shall not be liable in any manner for any activity that occurs beyond the designated areas, over which the Defendant has no authority or control. Further, the Defendant shall not be required to share any information of any person if the allegations of any infringement are not in the designated areas/ areas under control of the Defendant.

¶23

f. The Defendant undertakes to take an appropriate license of the Plaintiff in the event that it is desirous of exploiting the sound recordings of the Plaintiff.

¶24

iii. The Defendant undertakes to ensure that there is no wilful infringement of the copyright of the Plaintiff in the future, in terms stated above. iv. In view of the aforesaid, the Plaintiff agrees to forgo the reliefs of damages and costs as claimed in Prayers (ii), and (iii) of the Plaint. v. In view of the aforesaid, the Defendant agrees to forego any claim for costs.”

¶25

The present application is duly supported by affidavits of the authorized representatives of the parties.

¶26

The counsels for the respective parties confirm the aforesaid terms of settlement contained in the present application and identify the signatures of their respective clients and pray that the suit be decreed in terms of the settlement, as reproduced hereinabove.

¶27

This Court has perused the aforesaid terms of settlement contained in the present application as recorded inter se the parties and finds them to be lawful.

¶28

This Court sees no impediment in decreeing the present suit on the basis of the terms contained in the Settlement Agreement arrived inter se the parties. The suit is thus decreed accordingly.

¶29

The parties shall remain bound by the aforesaid terms of

¶30

¶31

Settlement Agreement.

¶32

In view thereof, the present application is allowed and disposed of.

¶33

CS(COMM) 249/2024

¶34

The learned counsel appearing for the plaintiff, in view of the aforesaid terms of settlement entered inter se the parties, prays that since the disputes between the parties have been amicably settled, therefore, the present suit be decreed on the terms thereof.

¶35

Learned counsel for the plaintiff prays that since the disputes between the parties have been settled amicably in terms of the Settlement Agreement hence the court fees paid by the plaintiff be refunded in terms of Section 16 of the Court Fees Act, 1870.

¶36

This Court is of the view that since the disputes between the parties have been amicably settled, on an oral prayer made by the learned counsel for the plaintiff, refund of 100% of the court fees paid by the plaintiff is deemed justifiable.

¶37

Let a Certificate of refund of 100% of the court fees paid by the plaintiff be prepared by the Registry and handed over to the learned counsel for the plaintiff.

¶38

Accordingly, the present suit is decreed in terms of the Settlement Agreement recorded hereinabove.

¶39

Decree sheet be drawn up accordingly.

¶40

The date already fixed i.e 18.10.2024 stands cancelled.

¶41

SAURABH BANERJEE, J

¶42

AUGUST 20, 2024/So

¶43

Phonographic Performance Limited v. Neb Sports Entertainment Private Limited & Ors.

Case brief

What is this about?

What did the court decide?

Phonographic Performance Limited v. Neb Sports Entertainment Private Limited & Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Coram

Case details

Similar cases

Nokia Technologies Oy Vs Verifone India Sales Private Limited & Ors.

Nokia Solutions and Networks Oy & Anr. Vs Verifone India Sales Private Limited & Ors.

M/S Askaaf Al-Sharq Trading Company Vs M/S Jakhalia Garments & Anr.

Dr. Bhupendra Kumar Modi Vs Modi Rubber Limited

Louis Vuitton Malletier Vs WWW.HAUTE24.COM & Ors.

Immersion Corporation Vs Xiaomi Technology India Private Limited & Ors.

Shri Ganesha Global Gulal Pvt. Ltd. Vs Vijaypal Vinit Kumar & Co. and Ors.

M/S A.K. Exports & Anr. Vs Mrs. Rubi Mittal and Ors.

Nokia Technologies Oy Vs Verifone India Sales Private Limited & Ors.

Nokia Solutions and Networks Oy & Anr. Vs Verifone India Sales Private Limited & Ors.

M/S Askaaf Al-Sharq Trading Company Vs M/S Jakhalia Garments & Anr.

Megtec Systems, Inc. Vs the Controller General of Patents, Designs and Trademarks

Tv Today Network Ltd. Vs Super Cassettes Industries Ltd. and Anr.

Manjari Sharma Vs Apocalypso Filmworks Private Limited & Ors.