ORDER

% 10.04.2024 I.A. 7256/2024 (Exemption from pre-institution mediation)

1. Having regard to the facts of the present case and in light of the judgement of Division Bench of this Court in Chandra Kishore Chaurasia v. R.A. Perfumery Works Private Ltd., FAO (COMM) 128/2021, exemption from attempting pre-institution mediation is allowed. Accordingly, the application stands disposed of.

I.A. 7257 /2024 (Seeking leave to file additional documents)

1. The present application has been filed on behalf of the plaintiff under Order 11 Rule 1(4) of the Code of Civil Procedure, 1908 [‘CPC’] as applicable to commercial suits under the Commercial Courts Act, 2015 seeking to place on record additional documents.

 

2. The plaintiff, if it wishes to file additional documents at a later stage, shall do so strictly as per the provisions of the Commercial Courts Act, 2015 and the Delhi High Court (Original Side) Rules, 2018.

 

3. Accordingly, the present application is disposed of.

I.A. 7258/2024 (Application under Section 149 of CPC)

1. Counsel for plaintiff undertakes to file the Court fees within a week.

 

2. Based on this undertaking, the application is allowed and disposed of.

I.A. 7259/2024 (Exemption from filing dim, illegible copies of dim annexures etc).

 

1. Exemption is granted, subject to all just exceptions.

 

2. Applicant shall file legible, clear, and original copies of the documents on which the applicant may seek to place reliance before the next date of hearing.

 

3. Accordingly, the present application is disposed of.

I.A. 7260/2024 (Seeking permission to file a pend drive in the present suit)

1. This application has been filed under Section 151 of CPC by plaintiff seeking permission to file a compact disk in pen drive in the present suit.

 

2. On the facts stated above, the said application is allowed.

 

3. It is directed accordingly.

CS(COMM) 267/2024

1. Let the plaint be registered as a suit.

 

2. Upon filing of process fee, issue summons to the defendants by all permissible modes. Summons shall state that the written statements be filed by the defendants within 30 days from the date of receipt of summons. Along with the written statements, the defendants shall also file affidavits of admission/denial of the documents of the plaintiff, without which the written statement shall not be taken on record. Liberty is given to the plaintiff to file a replication within 30 days of the receipt of the written statements. Along with the replication, if any, filed by the plaintiff, affidavits of admission/denial of documents filed by the defendants, be filed by the plaintiff, without which the replications shall not be taken on record. If any of the parties wish to seek inspection of any documents, the same shall be sought and given within the timelines.

 

3. List before the Joint Registrar for marking of exhibits on 15th July,

2024.

4. It is made clear that any party unjustifiably denying documents would be liable to be burdened with costs.

I.A. 7255 /2024 (Application Under Order XXXIX Rules 1& 2, CPC).

1. This application has been filed under Order XXXIX Rules 1 & 2 of CPC as part of the accompanying suit filed by plaintiff seeking permanent injunction against the defendants restraining them from using from infringing the copyright works in the repertoire available on the plaintiff’s website www.pplindia.org/songs and playing sound recordings in said repertoire at any of its premises, which are Food and Beverages [‘F&B’]

• outlets/restaurants run by the defendants.

 

 

2. Plaintiff claims to be the owner of copyrights in song recordings in said repertoire based on multiple assignments in its favour by copyright owners.

 

3. Plaintiff was registered as a Copyright Society under Section 33 of the Copyright Act, 1957 [‘the Act’] till 21st June, 2014 whereafter, it surrendered its registration in view of the amendment in the rules. Plaintiff had re-applied for registration under the amended rules under Section 33 of the Act; said app

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