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IN THE HIGH COURT OF DELHI AT NEW DELHI

Date of Decision: 7^th September, 2022

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C.O. (COMM.IPD-CR) 17/2021

MOHD ERSHAD SOLE PROPRIETOR EK

AGENCIES

..... Petitioner

Through:

Mr. Febin M. Varghese and Mr. Dhiraj

A Philip, Advocates (M:9953418874)

Bhuvneshwar

Tyagi,

Advocate

(8826824663).

versus

REGISTRAR OF COPYRIGHTS & ORS

...... Respondents

Through:

Mr. Harish Vaidyanathan Shankar,

CGSC with Mr. Srish Kumar Mishra,

Mr.

Sagar

Mehlawat

and

Mr.

Alexander

Mathai

Paikaday,

Advocates. (M:9810788606)

CORAM:

JUSTICE PRATHIBA M. SINGH

Prathiba M. Singh, J. (Oral)

1. This hearing has been done through hybrid mode.

2.

The present petition has been filed under Section 50 of the Copyright

Act, 1957 (hereinafter ‘Act’) seeking rectification of the artistic work titled

“ASLI KESRI CHAI” bearing No. A-131509/2019 registered by Respondent

No.3 - Mr. Shazad Ali. The present petition has been preferred by M/s EK

Agencies, sole proprietorship firm of Mohd. Ershad Ansari. The case of the

Petitioner is that it has been involved in the business of trading, packing,

marketing and selling tea leaves since 1998. The Petitioner has been

continuously