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2008 Supreme(Del) 1153

VIKRAMAJIT SEN, S.L.BHAYANA
INDIAN PERFORMING RIGHT SOCIETY LTD. – Appellant
Versus
SANJAY DALIA – Respondent


Advocates Appeared:
Mr. A. S. Chandhiok, Sr. Adv. with Mr. J. Sagar, Ms. Sweta Kakkad and Mr. Arjun Pratap, Advs.
Mr. Rajiv Nayyar, Sr. Adv. with Mr. Rishi Agrawala, Adv.

VIKRAMAJIT SEN, J.

1. This Appeal has been filed against the Order of the learned Single Judge by which he has directed that the Plaint be returned to the Plaintiff for presentation before the proper Court. The Plaintiff is a Society registered under Section 33 read with Rules 13 and 14 of the Copyright Rules, 1958. It is also a company limited by guarantee registered under the Companies Act, 1950. On a perusal of the Plaint, it is evident that its Registered Office is at 208, Golden Chambers, New Andheri Link Road, Andheri (W), Mumbai; it also has an Office at B-317, Som Dutt Chamber-I, Bhikaji Cama Place, New Delhi. Learned counsel for the Defendants/Respondents has not disputed the locus standi of the Plaintiff for filing the suit for permanent injunction restraining infringement of copyright, damages etc.

.2. The precise legal status of Defendant No.2, M/s. Cineline Cinemas, is not known, as pleaded in the Plaint itself. It is debatable whether Defendant No.1, the Chief General Manager, M/s. Cineline Cinemas, can at all be impleaded; but we are not called upon to decide this question. Broadly stated, the ventilated grievance against the Defendants is that Defendant No.1 is pers














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