O.A.No.1318 of 2008 is filed seeking an order of temporary injunction restraining the respondents and their agents from in any manner communicating any of the musical and literary works of the members of the applicants in the form of broadcast on their private FM Radio Stations. Application No.37 of 2009 is filed by the third respondent seeking to vacate the order of ad interim injunction granted in O.A.No.1318 of 2008.

2. The applicant/plaintiff is a Co-operative Society registered under section 33 of the Copyright Act, 1957. The applicant was permitted to carry on business in musical and literary works. The Government of India through the Registrar of Copyrights has issued to the applicant a certificate of registration. The respondents are engaged in the business of broadcasting private FM (Frequency Modulation) Radio Station in the city of Chennai in the name of Chennai Live 104.8 FM. The applicant is affiliated to 194 World Societies of authors and composers. The members of the applicant comprised of authors and composers and publishers of Indian Musical and Literary works have executed deeds of assignment assigning their public performing rights in respect of their