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2014 Supreme(Bom) 1401

G.S.PATEL
Leopold Cafe & Stores – Appellant
Versus
Novex Communications Pvt. Ltd. – Respondent


Advocates:
Advocate Appeared
Dr. Veerendra Tulzapurkar, Senior Advocate, with Mr. R.D. Soni, Mr.Ankit Virmani, Ms. Aakanksha Saxena i/b M/s. Wadia Ghandy & Co., for the Plaintiffs.
Mr. J.J. Bhatt, Senior Advocate, with Ms. Anjali Chandurkar, Mr. Prakash Shah, Mr. Durgaprasad Poojari, i/b M/s. PDS & Associates, for the Defendants.

JUDGMENT

1. By an order dated 26th June 2014 (corrected on 8th July 2014), I granted an ad-interim injunction in terms of prayer clause (b) of the present Notice of Motion.

2. Since then, the Defendant has filed an affidavit in reply and two supporting affidavits on behalf of the Yash Raj Films Private Limited and Shemaroo Entertainment Limited.

3. The controversy between the parties is narrow. The only question is whether the Defendant (“Novex”) is entitled to grant licenses in the fashion that it does on behalf of owners of copyright in various works.

4. At an earlier stage, there was also an issue about the showing of special events such as World Cup soccer broadcasts and other television programs etc. on behalf of the MSM Discovery Pvt. Ltd (“MSMD”) and Big Net Communications. In paragraph 24 of its affidavit in reply Novex says that it is no longer authorised to represent MSMD and Big Net Communications and that it will not, without such authorisation, make any representation on their behalf. This statement is accepted as an undertaking to the Court.

5. The issue that survives is in respect of various sound recordings and the public performance of these. Novex claims that it c




























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