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2010 Supreme(All) 745

KRISHNA MURARI
Indian Performing Rights Society Ltd. – Appellant
Versus
Shri Puran Multimedia Ltd. – Respondent


Advocates:
Ruchika Pathak, Manoj Kumar Singh, K.R.Sirohi, Amit Prasad

Hon'ble Krishna Murari, J.-

Heard Sri K.R.Sirohi, learned Senior Advocate assisted by Sri Amit Prasad and Sri M.K. Singh for the petitioner.

2. Suit was filed by the plaintiff-respondent for declaration and permanent injunction to restrain the defendant-petitioner on the ground that it has no right to issue licenses or claim payment of license fees in relation to the broadcasting works and have no copyright in respect of any work comprising of and/or underlying the sound recording. A declaration was also sought that plaintiff is not obliged to obtain license from the defendant or to make payment of any fees to the defendant in relation to broadcast works by the plaintiff and threat made by the defendant to the representatives of the plaintiff is wrongful and the plaintiff will not be infringing any legal right of the defendant. A decree of perpetual injunction restraining the defendant-petitioner and its members from making any wrongful threats or initiating any proceeding was also claimed. An application for temporary injunction was moved.

3. Trial court vide order dated 12.8.2009 granted ex parte temporary injunction restraining the defendant-petitioner from making any illegal deman








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