Dismissed

Sealord Hotel Pvt.Limited v. Indian Performing Right Society Ltd.

Kerala HC16 Nov 2011OP/2040/2000

Case brief

AI extract

What is this about?

The High Court dismissed the withdrawal applications in writ petitions concerning copyright issues, accepting that counsel seeks an alternative forum before the Copyright Board. The court ordered that existing interim orders shall remain in effect until the matter is taken up by the Board.

What did the court decide?

Permission granted to withdraw writ petitions with liberty to approach the Copyright Board; interim orders directed to continue.

Sealord Hotel Pvt.Limited Vs Indian Performing Right… — Intellectual Property | Kerala HC (2011)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT :

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THE HONOURABLE MR. JUSTICE B.P.RAY

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WEDNESDAY, THE 16TH NOVEMBER 2011 / 25TH KARTHIKA 1933

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OP.No. 2040 of 2000(P) ----------------------

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PETITIONER(S):

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------------------------

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SEALORD HOTEL PVT.LTD., SHANMUGHAN ROAD, ERNAKULAM, KOCHI-31, REP.BY ITS MANAGING DIRECTOR, ISSAC PETER.

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BY SRI.S.VENKATASUBRAMONIA IYER, SENIOR ADVOCATE ADV. SRI.ROY CHACKO SRI.P.C.CHACKO(SR)

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RESPONDENT(S): -------------------------

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1. INDIAN PERFORMING RIGHTS SOCIETY LTD.(IPRS), 717-DALMIA TOWER, NARIMAN POINT, MUMBAI-400 021.

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2. PHONOGRAPHIC PERFORMANCE LTD.(PPL), FLAME PROOF EQUIPMENT BUILDING, B-39, OFF NEW LINK ROAD, NEAR MONGNIS FACTORY, ANDHERI(W), MUMBAI-400 053.

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3. GOVERNMENT OF INDIA, MINISTRY OF HUMAN RESOURCES, DEVELOPMENT, DEPARTMENT OF EDUCATION, B.P.COPYRIGHT DIVISION, NEW DELHI.

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R1 BY SRI.JOSEPH MARKOSE, SENIOR ADVOCATE ADV.SRI.THOMAS VELLAPPALLY R2 BY SRI.M.C.SEN, SENIOR ADVOCATE ADV.SRI.M.P.SREEKRISHNAN SMT.SHAHNA KARTHIKEYAN SMT.SAVITHA GANAPATHIYATAN R3 BY SRI.P.PARAMESWARAN NAIR,ASG OF INDIA ADV. SRI.P.HARIDAS,ACGSC SMT.S.AMBIKA DEVI, ADDL.CGSC SRI.GEORGE JOSEPH, CGC SRI.T.P.M.IBRAHIM KHAN,ASST.S.G OF INDI

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THIS ORIGINAL PETITION HAVING BEEN FINALLY HEARD ON 16/11/2011, ALONG WITH O.P.7212/2000 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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sts

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B.P. RAY, J.

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- - - - - - - - - - - - - - - - - O.P.Nos.2040, 7212 & 25217 of 2000 & 12957, 12937 of 2002

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- - - - - - - - - - - - - - - - Dated this the 16^th day of November, 2011.

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JUDGMENT

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Heard the learned counsel for the petitioners and the learned Assistant Solicitor General.

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2 . Relying on the judgment dated 07.04.2011 in W.P.(C) No. 452 of 1999 and connected cases passed by the Delhi High Court, the learned counsel for the petitioners seek permission to withdraw these cases in order to approach the alternative forum. The learned counsel for the petitioners state that they will file appropriate application before the Registrar of the Copy Right Board within one month from today. I am not expressing any opinion on the merits of the case.

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Accordingly, these writ petitions are dismissed as withdrawn with liberty to approach the alternative forum.

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Even though the counsel for the respondents object to extend the interim order, since the interim order is continuing since the filing of the writ petition, I am of the considered view that the interim order passed by this Court shall continue till the matter is taken up by the Board and I do so.

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sd/- B.P. RAY, JUDGE.

-:2:-

B.P. RAY, J.

O.P.Nos.2040, 7212 & 25217 of 2000 & 12957, 12937 of 2002

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Dated this the 16^th day of November, 2011.

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JUDGMENT

Sealord Hotel Pvt.Limited v. Indian Performing Right Society Ltd.

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Sealord Hotel Pvt.Limited v. Indian Performing Right Society Ltd.

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