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2015 Supreme(Del) 495

G.ROHINI, RAJIV SAHAI ENDLAW
Phonographic Performance Ltd. – Appellant
Versus
Union of India – Respondent


Advocate Appeared
For the Appellants:L. Nageswar Rao, Sr. Adv. with Pragyan Pradeep Sharma, Neeraj K. Gupta, Mayank Pandey, Gaurav Chaudhary, Advocates.
For the Respondents:R1 & R2, Sanjeev Narula, Ajay Kalra, Ripu Daman Bhardwaj, Raj Kumar Dahiya, Advocates.

Judgment

Rajiv Sahai Endlaw, J.

1. Both these intra-court appeals impugn the common judgment dated 9th January, 2015 of the learned Single Judge of this Court of dismissal of W.P.(C) No.8144/2011 and W.P.(C) No.7724/2011 filed by the appellants respectively.

2. Having gone through the paper books, though voluminous, and having prima facie not found any merit in the appeals, we heard the senior counsel for the appellants at length on 10th March, 2015 when the appeals first came up before us, and reserved judgment.

3. The controversy is in a narrow compass. The respondent no.3 in the two appeals, namely Music Broadcast Pvt. Ltd. and Radio Mid Day West (India) Limited, on 21st June, 2001 and 1st March, 2002 respectively, filed complaints under Section 31(1)(b) of the Copyright Act, 1957 against the appellants and seeking the relief inter alia of grant of compulsory license (hereinafter called compulsory copyright licence) for the entire repertoire of the appellants for communicating to the public via Radio FM Stations for which the respondent no.3 in each of the appeals, then had been granted license to operate FM Radio (hereinafter called radio licence). Vide interim orders dated 19th















































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