S. Ravindra Bhat, J.

1. This order shall dispose off I.A. No. 10742/2007 preferred under Order VII Rule 11 by the applicant defendant seeking the rejection of the plaint and also I.A. No. 6882/2007 under Order XXXIX Rule 1 and 2 of Code of Civil Procedure, 1908.

2. According to the plaint averments, he plaintiff is copyright holder of a variety of literary and musical works, sound recordings, music videos and cinematographic videos. It plaintiff manufactures and sells VCDs, DVDs and Cassettes containing these works and also licenses the right to exploit its works. The defendants are engaged in the business of hotels/restaurants in New Delhi.

3. The plaintiff avers that after coming to know about alleged infringement of its copyright in variety of works it asked an investigator to visit the premises of the defendant in order to ascertain the extent of viewing of those works. The said investigator visited the said premises of the defendant in May 2007 and found that few audio clippings of songs in which the plaintiff owned copyright where being played in different channels on the television in a room of the defendants hotel. The investigator also filed an affidavit in this re