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2010 Supreme(Bom) 116

B.H.MARLAPALLE, V.K.TAHILRAMANI
Music Choice India Private Limited – Appellant
Versus
Phonographic Performance Limited – Respondent


Advocates appeared:
For the Appellant:Janak Dwarkadas, Sr. Counsel a/w H.W. Kane, Rahul Kadam, Hiren Kamod, Advocates. For the Respondents:Dr. Virendra Tulzapurkar, Sr. Counsel, Amit Jamsandekar i/b Bilwala & Co., Advocates.

Judgment :-

B.H. MARALAPALLE, J.

1. Heard Shri. Dwarkadas, learned Senior Counsel for the Appellant / Plaintiff with Mr.

H.W. Kane, Mr. Rahul Kadam, Mr. Hiren Kamod and Dr. Tulzapurkar, learned Senior Counsel with Mr. Amit Jamsandekar.

2. Admit.

3. Respondent waives service.

4. By consent of the parties, paper book dispensed with and the Appeal has been heard finally.

5. This Appeal arisesfrom the common Judgment and Order dated 22.01.2009 rendered in Suit Nos. 2124 of 2007 and 2283 of 2007 wherein it is held that the trial Court had no jurisdiction to try the suit and the suits were dismissed for want of Court’s inherent jurisdiction. The Plaintiffs were directed to proceed before the Copyright Board with liberty to make such application as deemed fit for expedition or for grant of interim relief in their pending application. It was left to the Board to consider such an application, if made, on merits.

6. The Appellant had filed suit No. 2124 of 2007. The Appellant is a private limited company incorporated under the provisions of the Companies Act, 1956 and its main object is to carry on the business of receiving, producing, acquiring, broadcasting, communicating, telecasting va










































































































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