V. KAMESWAR RAO, J.

I.A. No. 15/2016 (under Order 6 Rule 17 read with Section 151 CPC)

This is an application filed by the plaintiff under Order 6 Rule 17 CPC read with Section 151 CPC for amendment of the plaint. Vide the said application, the plaintiff seeks to amend the para 14 of the plaint, which relates to Court Fee and jurisdiction in the following manner:

(a) For a decree of permanent injunction restraining infringement of Performer’s Right, this relief is valued for purposes of court fee and jurisdiction at Rs.200/- and requisite fees of Rs.20/- is affixed thereon.

(b) For a decree of permanent injunction restraining violation of Right to Receive Royalty (the R3 Right), this relief is valued for purposes of court fee and jurisdiction at Rs.200/- and requisite fees of Rs.20/- is affixed thereon.

(c) For an order for rendition of accounts, relief is valued at Rs.200/- for purpose of court fees and jurisdiction and requisite court fee of Rs.20/- is affixed thereon; the plaintiff undertakes, further, to affix such additional court fee as may be required by this Hon’ble Court after rendition of accounts.

(d) For an order of damages, the relief is valued for the purposes of jurisdiction at Rs.21,00,000 Lakhs 1,00,00,100/- and Court Fee of Rs.22,840 99944/- is annexed thereon.

Thus, the suit is valued at for the purposes of jurisdiction and court fees at Rs.21,00,000 1,00,00,700/- and court fees of Rs.22,900/- 1,00,004 is affixed thereon.

Noting the contents of the application, the same is allowed. The amended plaint along with the difference of Court Fee be paid/filed within three weeks from the date of this order.

The application stands disposed of.

CS(OS) 3958/2014 & I.A. No. 25817/2014 (under Order 39 Rules 1 & 2 CPC)

1. This Suit has been filed by the Indian Singers Rights Association (ISRA) against the Night Fever Club and Lounge at G-1 and G-2, near Fun Cinema, North Square Mall, Netaji Subhash Place, New Delhi. The prayers in the Suit are as under:

(i) An order of permanent injunction restraining the Defendant, its officers, servants, agents and representatives and all others acting for and on its behalf from communicating to the public the Plaintiffs repertoire comprising of the Performances of all its members and Performer's rights of its sister societies which it is authorized to administer in India, without obtaining a license from the Plaintiff or doing any other act infringing the Plaintiffs members' Performer's rights;

(ii) An order of permanent injunction restraining the Defendant, its officers, servants, agents and representatives and all others acting for and on its behalf from communicating to the public the Plaintiffs repertoire comprising of Performer's rights of all its members and of its sister societies which it is authorized to administer in India, without obtaining a license from the Plaintiff or doing any other act violating the Plaintiffs members' Right to Receive Royalties (the R3 right)

(iii) An order for rendition of accounts illegally earned by the Defendant and a decree for the same be passed in favour of the Plaintiff and against the Defendant;

(iv) An order requiring the Defendants to pay to the Plaintiff damages as stated hereinabove;

(v) An order awarding the costs of the present suit to the Plaintiff;

2. The suit has been filed along with an application under Order XXXIX Rule 1 and 2 CPC being I.A. 25817/2014 which was considered by this Court on December 23, 2014 when this Court had restrained the defendant from communicating to the public the plaintiff’s repertoire comprising of performance of all its members without obtaining licence from the plaintiff or doing any other act infringing the plaintiff’s members’ performance rights till further orders. On July 23, 2015, the defendant was proceeded ex-parte. The plaintiff had filed an ex-parte evidence of its witness namely Mr. Sanjay Tandon, a constituted attorney of the plaintiff and the same is exhibited as Ex.PW1/A. The narrated statement of