IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION IN ITS COMMERCIAL DIVISION INTERIM APPLICATION (L) NO. 23453 OF 2025 IN COMMERCIAL IP SUIT (L) NO. 23382 OF 2025 Phonographic Performance Limited ...Applicant/Plaintiff Versus Baroda Cricket Association and Others ...Respondents ——————

Mr. Amogh Singh, Ms. Jeenal Upadhyay, Mani, Ms. Purva Autade for Plaintiff.

——————

Coram : Sharmila U. Deshmukh, J.

Date : 15th December, 2025.

P. C. :

1. Interim Application has been preferred after notice to the Defendant for injunction restraining the Respondents from publicly performing or communicating in any manner whatsoever the sound recording of the songs assigned to the Plaintiff or allowing their premises to be used for the said purpose without obtaining the license in the sound recording from the Plaintiff and otherwise infringing the copyright.

2. Mr. Singh tenders the Affidavit-of-service which is taken on record. The Affidavit-of-service evidences that service has been effected upon. However, none appears on behalf of Defendants.

3. Mr. Singh would submit that the Plaintiff is the owner of copyright in the sound recordings repertoire on the basis of the assignment/exclusive agreements of the relevant copyright in its favour and is therefore, entitled to exclusively grant licenses for broadcast of sound recordings under Section 30 of Copyright Act, 1957. He submits that Defendant is well-aware that the license is required to be obtained before the sound recording is to be communicated to the public. He submits that as the license was not obtained, the representative of the Plaintiff visited the Defendant’s premises in order to verify whether the sound recordings are unauthorizedly broadcasted and points out to the Affidavit dated 7th July, 2025 filed by the representative stating that on his visit, he found the sound recordings of the Plaintiff being played for commercial exploitation which has been video recorded.

4. The DVD of the aforesaid recording is tendered and the same is taken on record. Mr. Singh would submit that the right of the Plaintiff to issue license and to prevent the unauthorized broadcasting of the sound recording has been upheld by the learned Single Judge of this Court by order dated 24^th January, 2024 as the objection therein was that the Plaintiff without being registered as Copyright Society could not claim an exclusive right on the sound recording. He submits that in a separate suit, the Delhi High Court held that in order to recover license fee, it was necessary for the Plaintiff therein to be registered as Copyright Society which was challenged before the Apex Court. He submits that the clarification was sought from the Hon’ble Apex Court and by order dated 19^th June, 2025, the Hon’ble Apex Court has clarified that the order of 21st April, 2025 would be binding inter se between the parties to the suit which was pending before the Delhi High Court. He submits that in view thereof, the decision of this Court has not been interfered with by the Hon’ble Apex Court and thus, the Plaintiff is entitled to maintain an action of infringement of copyright in the sound recordings.

5. The fact that the Defendant had obtained license from the Plaintiff for the purpose of communicating the sound recording to the public for commercial purpose prima facie constitutes an admission that the Plaintiff is the owner of the copyright in the sound recording on the basis of Assignment Agreement executed by certain music companies. That being the position, the Plaintiff is exclusively entitled to grant license for broadcasting the sound recording under Section 30 of Copyright Act, 1957. The Affidavit of representative of the Plaintiff states that upon visit to the Defendant’s premises on 28^th February, 2025, 1^st March, 2025 and 3^rd March, 2025 it was found that the sound recording in which the Plaintiff holds the copyright were being unauthorizedly broadcasted. At this stage, there was no response by the Defe