JUDGMENT :

Gita Mittal, J.—

1. The plaintiff before this Court is a company limited by guarantee and registered under the Companies Act, 1956. It is also registered as a Copyright Society u/s 33 of the Copyright Act, 1957. On allegations that the defendants have committed flagrant violation of the rights of the plaintiff in the works assigned to him by numerous members, the plaintiff has sought the following relief in the present suit:

a) An order for permanent injunction restraining the defendants, its agents, employees and all others acting on its behalf from playing of music by live or any other means, or by way of mechanical devices at the hotel operated by the Defendants and /or channeling musical and or literary works of the plaintiff or those of its sister copyright societies, by way of mechanical devices such as Radio, Cable TV and /or RA. systems within the Defendants' premises without obtaining a license from the plaintiff Society and without paying the requisite royalties, thereby amounting to infringement of the plaintiff Society's performing Rights in the same.

b) An order for damages to the tune of Rs. 20,01,000/- and a decree for the same be passed in favor of the plain