Calcutta High Court
M/S.Eskay Video Private Ltd. & Anr vs The Union Of India & Ors on 25 February, 2015
Author: I.P. Mukerji
Bench: I.P. Mukerji
ORDER SHEET IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction Original Side Present :
The Hon'ble Justice I.P. Mukerji 25.02.2015 WP 92 of 2015 M/s.Eskay Video Private Ltd. & Anr.
Vs. The Union of India & Ors.
Mr. S.K. Kapur, Senior Advocate with Mr. Phiroze Edulji, Advocate Mr. Neel Mason, Advocate Mr Rudraman Bhattacharya, Advocate Mr. A. Mukherjee, Advocate for the petitioners Mr. Ranjan Bachawat, Senior Advocate with Mr. Debnath Ghosh, Advocate Mr. S.K. Bajoria, Advocate Mr. Prithwiraj Sinha, Advocate for Entertainment Network (I) Ltd. Mr. Jishnu Saha, Senior Advocate Mr. S. Sengupta, Advocate with Mr. S. Roychowdhury, Advocate for Association of Radio Broadcasters in India Mr. Somenath Bose, Advocate with Mr. Bhaskar Prasad Banerjee, Advocate for the UOI Mr. S. Basu, Advocate with Mr. Tanmoy Roy, Advocate for Asha Audio Company The Court :- After having heard this writ application for a few days, at the admission stage, I formally admit it.
In my opinion even the question of passing an interim order can only be considered after filing of affidavits and after further oral hearing. I am told that the Copyright Board has not 2 yet been constituted but is likely to be formed in the near future.
So, I think it is proper at this stage that the writ be made ready for hearing by exchange of affidavits.
Affidavits in opposition by all the appearing parties be filed by 16th March, 2015. List this application fairly at the top on 25th March, 2015. Affidavit in reply may be filed in the meantime.
The Central Government is directed to give at least 10 days' notice to the petitioner of constitution of the Board. The Board after its constitution will also give the petitioner similar notice about its intention to fix the rates specified in Sections 31 and 31(D)of the Copyright Act, 1957 , so as to enable the petitioner to mention the matter before this Court for early hearing of the writ application or to seek an interim order in case the writ application is not ready for hearing by that time.
All the questions raised in the writ application are kept open.
(I.P. Mukerji, J.) ANC.