( 1 ) THIS application has been taken out by the petitioner, inter alia, for restraining the respondents from selling any records or cassettes, discs or any other sound recordings in respect of the films produced by the respondent No. 1 during the currency of the agreements which are the subject-matter of the present proceeding.

( 2 ) THE petitioner was earlier known as the Gramophone Company of India Limited. The present name has been adopted by and under a fresh certificates of incorporation dated 3rd November, 2000 due to change of name.

( 3 ) THE main business of the petitioner is recording of film songs, music and dialogues.

( 4 ) THE petitioner claims that such recording is carried on by and under several agreements entered into with the Film Producers.

( 5 ) UNDER the Copyright Act, 1957 (hereinafter referred to as 'the said Act'), the producers of the film is the first owner of the copyright in respect of all literary and musical works which includes songs, music and dialogues contained in the film. Such songs, music and dialogues are actually recorded in the sound-track of the film.

( 6 ) IT is the contention of the petitioner that by reason of the said agreement ente

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