IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION IN ITS COMMERCIAL DIVISION COMMERCIAL IP SUIT NO. 2 OF 2011 Phonographic Performance Ltd. ...Plaintiff Versus Music Broadcast Limited Earlier Known As Puran Multimedia Ltd & Anr. ...Defendants _______

Mr. Harsh Pathak a/w Rajani Yadav i/b Lex Firmus, for the Plaintiff.

Mr. Shanay Shah a/w Mr. Rahul P. Jain i/b Alpha Chambers, for Defendant No.1.

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CORAM : ARIF S. DOCTOR, J.

DATE : 26th NOVEMBER 2025 P.C.

1. The matter was placed on board today for marking of the Defendants documents. The list of admission and denial of documents have been submitted. There are total 24 documents which are sought to be marked. The dispute as to the marking of documents essentially revolves around the documents at Sr. No.1 and 6.

2. Insofar as the documents marked at Sr. No.6 is concerned. Mr. Shah, learned counsel for Defendant No.1 submits that the copy of the office letter dated 13th January 2011 does not form part of the compilation of documents and thus cannot be marked. Insofar as the cheque is concerned, which forms part of the compilation of documents, he points out that this cheque has been encashed by the Plaintiff and thus cannot now be disputed. Mr. Pathak, learned counsel for the Plaintiff accept this position.

3. Insofar as documents at Sr. No.1 is concerned, it is submitted that when the documents were filed, the board resolution in question was issued to one Mr.

Rahul Gupta, who was then Whole Time Director of the Defendant.

4. Mr. Shah points out that the board resolution which currently is sought to be marked is a board resolution dated 20th August 2025 which authorizes Mr. Rajiv Shah and Ms. Arpita Kapoor. It is this resolution that is sought to be marked. The resolution which has been produced is the original board resolution. The document at Sr. No.1 is therefore replaced by the board resolution dated 20th August 2025.

5. The affidavit of evidence is taken on record and marked as "Exhibit D-1".

6. Given that these are original documents which emanates from the Defendant, the Plaintiffs cannot dispute its existence but I will keep open all rights and contentions of the Defendants qua the validity of its truth of content.

The documents are therefore marked as follows:

7. Mr. Siddesh Pamecha is appointed as Court Commissioner, the details are as follows:

Name: Mr. Siddesh Pamecha Mob No:9930040503 Email: pamechasiddha@gmail.com Address: C/o, Adv. Aditya Thakkar, 3rd Floor, East West Building, Mumabi, Samachar Marg, Opp. BSE, Fort, Mumbai - 400023

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8. Stand over to 3rd March 2026 for direction.

[ARIF S. DOCTOR, J.]