Dr. Chandrachud, J.

The appeal before the Court arises from an order of a learned Single Judge dated 9 May 2012. The appeal is by the original Defendant. The Plaintiff has filed cross-objections. For convenience of reference, it would be appropriate to refer to the parties by their appellations in the suit.

2. In 2011, Radio One Limited, the Defendant, secured a licence for an FM Radio station in Mumbai. The Plaintiff, Phonographic Performance Ltd., apprehending that the Defendant would exploit the sound recordings in the repertoire of the Plaintiff filed a suit (Suit No.3752 of 2001)for an injunction which is pending on the Original Side of this Court. A Notice of Motion (Notice of Motion No.2846 of 2003)was filed in the suit.

3. On 1 March 2002, citing the tariff of the Plaintiff as excessive, the Defendant approached the Copyright Board for grant of a compulsory licence under Section 31(1) (b) of the Copyright Act, 1957. The Copyright Board disposed of the complaint on 19 November 2002 by which the rate of royalty was fixed at Rs.661/- per needle hour of broadcasting. Statutory appeals were filed before this Court both by the Plaintiff and by the Defendant against t