Bombay High Court
Phonographic Performance Limited vs Grand Arsh on 11 November, 2025
2025:BHC-OS:20667
52-ial-16049-2023.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
IN ITS COMMERCIAL DIVISION
INTERIM APPLICATION (L) NO.16049 OF 2023
IN
COMMERCIAL IP SUIT NO.487 OF 2025
Phonographic Performance Limited ...Plaintiff
Versus
Grand Arsh and Ors. ...Defendants
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Mr. Amogh Singh a/w. Mr. A. Nimbalkar i/b. Mr. D.P. Singh, for the
Plaintiffs.
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CORAM : SHARMILA U. DESHMUKH, J.
DATE : NOVEMBER 11, 2025
P. C. :
1. By order dated 17th July, 2023, ad-interim relief was granted in terms of prayer clauses (a).
2. Learned counsel appearing for the Plaintiff submits that the Defendant has been duly served, however, no appearance has been caused. He would insist that the ad-interim relief be confirmed as interim relief in absence of any response by the Defendant.
3. The order of 17th July, 2023 records that the Defendant was served with notice even at the time of hearing of the ad-interim relief. None had appeared on behalf of the Defendant at that point of time Vishal Parekar 1 of 2 ::: Uploaded on - 12/11/2025 ::: Downloaded on - 12/11/2025 20:39:16 ::: 52-ial-16049-2023.doc and even today none appears for the Defendant. While passing the order of 17th July, 2023, the Court had accepted the Plaintiff's claim of ownership and control as exclusive licensor of the public performance right of around 400 music labels and the right to grant license under Section 30 of the Copyright Act, 1957. The unauthorised broadcasting of the sound recordings by the Defendant in which the Plaintiff held copyright, was prima facie accepted by this Court and the Court had arrived at a finding that there is infringement of the copyright. There is no material which is placed on record to displace the prima facie finding arrived at by this Court. The Defendant has chosen not to appear before this Court despite service on multiple occasions. There is no reason as to why the ad-interim relief granted in the year 2023 should not be confirmed as interim relief.
4. In view of the above, the ad-interim relief in terms prayer clause
(a) is confirmed as interim relief.
5. Interim Application is allowed in the above terms.
[SHARMILA U. DESHMUKH, J.]
Vishal Parekar 2 of 2
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