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2003 Supreme(Del) 861

MUKUL MUDGAL
SUPER CASSETTE INDUSTRIES LIMITED – Appellant
Versus
BATHLA CASSETTE INDUSTRIES PVT. LIMITED – Respondent


Advocates Appeared:
AJAY SAHNI, Gitanjali Duggal, PRAVIN ANAND

MUKUL MUDGAL, J.

( 1 ). This is an application for interim injunction in a suit asserting rights under Section 52 (1) (j) of the Copyright Act (hereinafter referred to as `the Act ). The plaintiff company is the manufacturer, producer and marketeer of pre-recorded audio cassettes and other records under the logo T Series. The plaintiff produced a sound recording under its banner T Series which was inter alia based on the song `chalo Dildar Chalo from the film `pakeezah by giving notice to the original producer Mahal Pictures under Section 52 (1) (j) and Rule 21 (2) (b) of the Copyright Act. Such a recording is known in the music business as a version recording and inter-alia involves the singing of a well-known song by a lesser known singer. The plaintiff gave prescribed royalty of Rs. 400 for producing 10,000 copies to the original owner. When the defendant attempted to produce a version recording of the version recording of the plaintiff by treading the path carved out by the plaintiff, the plaintiff has come to this Court for an injunction restraining the defendant from what is averred to be a copyright violation of its version recording. The dispute in the present suit inter-











































































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