CORAM:

HON'BLE MR. JUSTICE TEJAS KARIA

TEJAS KARIA, J

I.A. 7255/2024 & I.A. 8596/2024

FACTUALBACKGROUND:

1. The Plaintiff, Phonographic Performance Limited, is an owner of copyright in various sound recordings. Defendant No. 1, Pass Code Hospitality Private Limited, owns and operates various well-known high-profile pubs and bars.

2. The Plaintiff has filed the present Suit against the Defendants as the Defendants were using the Plaintiff’s sound recordings without taking any copyright license. As per Section 51 of the Copyright Act, 1957 (“Act”), if any party uses any sound recordings without an appropriate copyright license, the same amounts to infringement of copyright.

3. At the first hearing of the present Suit held on 10.04.2024, when the present Application was pressed by the Plaintiff, an Ad hoc Arrangement (“Ad hoc Arrangement”) for payment of License Fees on an ad hoc basis considering that the Parties were required to be heard on this Application, while permitting the continued use of sound recordings in the meantime.

4. Accordingly, an amount of ₹15,00,000/- (Rupees Fifteen Lakhs only) was directed to be deposited by Defendant No. 1 as an ad hoc License Fees from 04.11.2023 ti