Back
2025 Supreme(Online)(Bom) 249269
HIGH COURT OF BOMBAY
HON'BLE JUSTICE SHARMILA U. DESHMUKH
Phonographic Performance Limited – Appellant
Versus
Anoor Paripati – Respondent
IAL/32745/2025
Important Points
Subject
Intellectual Property Law - Copyright Infringement
Act Referred
Headnote
(B) Copyright Act, 1957 - Sections 54, 55, and 61 - Rights of exclusive licensee - Section 54 provides that for the purpose of civil remedies, the expression “owner of copyright” includes an exclusive licensee. Conjoint reading of Section 54 and Section 55 prima facie entitles an exclusive licensee to maintain an action for infringement. The requirement under Section 61 to implead the owner as a defendant is subject to the court's discretion to direct otherwise, and non-impleadment does not result in an absolute embargo on the institution of the suit. (Para 12)
(C) Stamp Act - Section 34 - Admissibility of documents - Incomplete or unstamped assignment agreements do not create an obstacle to the grant of interim relief. The statutory embargo on the admissibility of unstamped documents under Section 34 applies at the stage of evidence and not at the interlocutory stage. Furthermore, redacted versions of agreements may be accepted to protect confidential information. (Paras 13, 14)
(D) Copyright Act, 1957 - Section 31 - Compulsory License - A defense based on unreasonable licensing fees or a plea for a compulsory license under Section 31 cannot be pressed as a defense in an infringement action, as such a plea implicitly accepts the ownership rights of the plaintiff. (Para 15)
Facts of the case:
An entity claiming to be the owner or exclusive licensee of sound recordings filed a suit for infringement and a quia-timet action against owners of multiple restaurants. The plaintiff alleged that the defendants were unauthorizedly broadcasting sound recordings without obtaining the necessary public performance licenses under Section 30 of the Copyright Act. The defendants contested the maintainability of the suit on grounds of non-impleadment of the original copyright owner, lack of registration as a copyright society, and the submission of redacted and unstamped assignment deeds.
Findings of Court:
The court found that the plaintiff had established a prima facie case of infringement supported by affidavits and evidence of unauthorized broadcasting. The defendants failed to demonstrate any legal entitlement to broadcast the copyrighted works. The balance of convenience tilted in favor of the plaintiff given the scale of the defendants' operations.
Issues: (i) Whether registration as a copyright society under Section 33(1) is a prerequisite to maintain an infringement action. (ii) Whether an exclusive licensee must implead the owner of the copyright under Section 61. (iii) Whether the use of redacted or unstamped agreements precludes the grant of interim relief. (iv) Whether unreasonable licensing fees under Section 31 constitute a valid defense to an infringement suit.
Ratio Decidendi: The court ruled that an exclusive licensee is deemed an "owner" for civil remedies under Sections 54 and 55, and Section 61 grants the court discretion to dispense with the impleadment of the owner. Registration as a society is not mandatory for seeking infringement relief. Issues regarding stamp duty are relevant only at the stage of evidence, and Section 31 cannot be used as a defense against an infringement claim.
Result: Interim Applications allowed; defendants restrained from publicly performing or communicating the sound recordings without a non-exclusive public performance license.
Legal Category Hierarchy
-
intellectual property
-
copyright
- infringement
-
licensing
- exclusive licensee
-
registration
- copyright society
-
assignment
- stamp duty
- redacted agreements
-
copyright
-
practice and procedure
-
civil remedies
- interim injunction
-
pleadings
- non-impleadment
-
civil remedies
For the Appellants/Petitioners: Sharan Jagtiani, Amogh Singh, Avanti, Asmant Nimbalkar, Neeraj Nawar, Shikha Dutta, Sheryl D’souza, D.P. Singh
For the Respondents: Sandeep Parikh, Arsalan A. Thaver, Abhiraj Parab
2025:BHC-OS:27100
IA(L)-36005-2025.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORIGINAL ORDINARY APPELLATE JURISDICTION
IN ITS COMMERCIAL DIVISION
INTERIM APPLICATION (L) NO. 36005 OF 2025
IN
COMMERCIAL IP SUIT NO. 668 OF 2025
Phonographic Performance Limited ... Applicant
Versus
VISHAL
SUBHASH Trinetra Venture and Ors. ... Defendants
PAREKAR
Digitally signed by
VISHAL SUBHASH
PAREKAR AND
Date: 2025.12.24
18:01:43 +0530
INTERIM APPLICATION (L) NO. 32745 OF 2025
IN
COMMERCIAL IP SUIT (L) NO. 32556 OF 2025
Phonographic Performance Limited ... Applicant
Versus
Anoor Paripati and Ors. ... Defendants
—————
Mr. Sharan Jagtiani, Senior Advocate along with Mr. Amogh Singh,
Ms.Avanti, Mr. Asmant Nimbalkar, Mr. Neeraj Nawar, Ms. Shikha Dutta,
Ms. Sheryl D’souza i/by Mr. D.P. Singh, Advocates for the Applicant-
Plaintiff.
Mr. Sandeep Parikh along with Arsalan A. Thaver i/by Mr. Abhiraj Parab,
Advocates for the Defendants.
—————
Coram : SHARMILA U.DESHMUKH J.
Closed on : DECEMBER 5, 2025
Pronounced : DECEMBER 24, 2025
sa_mandawgad 1 of 14
::: Uploaded on - 16/01/2026 ::: Downloaded on - 01/04/2026 19:25:34 :::
##PAGE2##IA(L)-36005-2025.doc
ORDER :
1. As both applications raise common issues, at request of learned
counsel for parties, the applications were taken up together for
hearing and are disposed of by this common order.
2. The present suit has been filed for infringement of copyright
and quia-timet action for apprehended future violation by the
Defendants. The Plaintiff has pleaded that it is the owner/exclusive
licensee of the copyright in the sound recordings in its repertoire on
the basis of assignment deeds /exclusive agreements of the relevant
copyrights in its favour by several music companies. The Plaintiff
claims to be exclusively entitled to grant licenses for communication
to the public/ public performance of its repertoire of sound
recordings under Section 30 of the Copyright Act, 1957 (for short,
“Copyright Act”). The suit has been initiated as the Plaintiff claims that
the Defendant who are the owners of about 94 restaurants, without
obtaining the license from the Plaintiff as contemplated under
Section 30 of the Copyright Act, are unauthorisedly broadcasting the
Plaintiff’s sound recordings infringing the Plaintiff’s copyright.
3. The defences are that the suit itself is not maintainable for non
sa_mandawgad 2 of 14
::: Uploaded on - 16/01/2026 ::: Downloaded on - 01/04/2026 19:25:34 :::
##PAGE3##IA(L)-36005-2025.doc
impleadment of owner of copyright, that the Plaintiff not being
registered society is not entitled to grant licences, there is
suppression of material facts as the copies of purported agreements
in favour of the Plaintiff have not been annexed to the plaint, that
incomplete assignment deeds have been annexed to the plaint and
that the assignment deeds are inadequately stamped.
4. Mr. Jagtiani, Leaned Senior Advocate for the Plaintiff submits
that the Plaintiff is the owner/exclusive licensee of copyright in the
sound recordings in its repertoire. He submits that the assignment
deeds/exclusive licenses being voluminous documents are set out in
the Compact Disk (CD) which is filed along with the plaint and a
sample agreement is annexed at Exhibit “E” to the plaint which
demonstrates the Plaintiff’s copyright ownership in the sound
recordings. He would submit that cease and desist notice was issued
to the Defendants who are operating about 94 establishments
without securing the license from the Plaintiff. He would further point
out to the afodavit of Plaintiff’s representative who has deposed on
oath about his visit to the Defendant’s establishments and video
recorded the unauthorised broadcasting of the songs. He has taken
this Court through various interim orders granted in favour of Plaintiff
by this Court in identical matters. He would submits that the
sa_mandawgad 3 of 14
::: Uploaded on - 16/01/2026 ::: Downloaded on - 01/04/2026 19:25:34 :::
##PAGE4##IA(L)-36005-2025.doc
Defendants’ contention of the license terms being unreasonable
which amounts to refusal to allow
