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2011 Supreme(Bom) 857

S.J.VAZIFDAR
Music Broadcast Private Limited – Appellant
Versus
Indian Performing Right Society Limited – Respondent


Advocates Appeared:
For the Plaintiff:Virendra Tulzapurkar, senior counsel with Amit Jamsandekar, Sanjay Kadam and Apeksha Sharma i/b Kadam & Co., Advocates.
For the Defendant:Navroz Seervai, senior counsel with Sandeep Marne, Soniya Sharma and Gulnar Mistry i/b Media Lexicon, Advocates.

Judgment :

1. The plaintiff has sought a declaration that the defendant is not entitled to demand or recover royalty and/or licence fee or require the plaintiff to pay the same in respect of broadcast of sound recordings by the plaintiff at its FM Radio Stations and is not entitled to interfere with such broadcasts by the plaintiff for non payment of royalty and/or licence fee; a permanent injunction restraining the defendant from demanding or claiming or making any claim in respect of or interfering with such broadcasts by the plaintiff for non payment of royalty/licence fee and a decree in the sum of `.1,27,62,589/-towards refund of royalty/licence fee received by the defendant from the plaintiff from 1st August, 2003 upto 31st July, 2006, together with interest. In the alternative to the above prayers, the plaintiff has sought a declaration that it is entitled to a licence to broadcast the works from the defendant’s repertoire on payment of royalty as stipulated by an order dated 25th August, 2010, passed by the Copyright Board and for an order restraining the defendant by a perpetual injunction from interfering with the plaintiff’s broadcasting works upon payment of such amount






















































































































































































































































































































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