Wynk Ltd. And Another vs Tips Industries Ltd on 29 June, 2022

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Bombay High Court

Wynk Ltd. And Another vs Tips Industries Ltd on 29 June, 2022

Author: Prithviraj K Chavan

Bench: G.S. Patel, Prithviraj K Chavan

                                                11&12-OS-COMAP-424-2019=.DOC




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    IN THE HIGH COURT OF JUDICATURE AT BOMBAY
           ORDINARY ORIGINAL CIVIL JURISDICTION


             COMMERCIAL APPEAL NO. 424 OF 2019
                            IN
              NOTICE OF MOTION NO. 72 OF 2019
                          WITH
              NOTICE OF MOTION NO. 959 OF 2019
                            IN
             COMMERCIAL APPEAL NO. 424 OF 2019
                       ALONG WITH
           INTERIM APPLICATION (L) NO.8243 OF 2020
                          WITH
           INTERIM APPLICATION (L) NO.1996 OF 2021
                            IN
             COMMERCIAL APPEAL NO. 424 OF 2019


 Wynk Ltd & Anr                                                   ...Appellants
       Versus
 Tips Industries Ltd                                            ...Respondent

                      ALONG WITH
            COMMERCIAL APPEAL NO. 425 OF 2019
                           IN
             NOTICE OF MOTION NO. 95 OF 2019
                          WITH
          INTERIM APPLICATION (L) NO.2003 OF 2021
                          WITH
             NOTICE OF MOTION NO. 958 OF 2019
                          WITH
          INTERIM APPLICATION (L) NO. 8309 OF 2020
                           IN
            COMMERCIAL APPEAL NO. 425 OF 2019




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                               29th June 2022

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                                                     11&12-OS-COMAP-424-2019=.DOC




 Wynk Ltd & Anr                                                        ...Appellants
       Versus
 Tips Industries Ltd                                                 ...Respondent


 Ms Vandita Malhotra Hegde, a/w Ankita Singhania, Rishi Mody,
      Sandeep Rebari, Sanjana K. i/b Singh and Singh Mahlotra &
      Hegde for the Appellants
 Mr Rohan Kadam, and Sanjay Chadha for the Respondent.


                               CORAM      G.S. Patel &
                                          Prithviraj K Chavan, JJ.

                               DATED:     29th June 2022
 PC:-


 1.      Admit.

2. Arguable questions arises inter alia on the interpretation of Section 31-D of the Copyright Act and the applicability of the scheme of statutory licences to the transmission or "Broadcasting" / "Communication to the Public" of copyright - protected content over the internet.

3. We have reason to believe that many broadcasting organizations are likely to be affected, as indeed they have probably already been, by the interpretation taken in the impugned order. The issue seems to us to be very narrow on facts; possibly the facts are entirely immaterial. What falls for consideration in appeal is a question of law and of interpretation of a statute. The effect of this, however, will be widely felt across the industry.

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4. For this reason, we will list the appeals at the earliest possible date for final disposal and will do so keeping in mind that the hearing till take some time.

5. We list the appeals on 4th and 5th August 2022 at 2.30 p.m. Both sides will prepare advance conscise notes of arguments and properly indexed and paginated compilation of authorities. These should also be provided in advance in soft copy on a pen drive.

6. Previous ad-interim order to continue.

(Prithviraj K Chavan, J) (G. S. Patel, J) Page 3 of 3 29th June 2022 ::: Uploaded on - 30/06/2022 ::: Downloaded on - 01/07/2022 03:47:41 :::

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