Bombay High Court
Wynk Limited And Anr vs Tips Industries Limited on 29 June, 2022
Author: Prithviraj K Chavan
Bench: G.S. Patel, Prithviraj K Chavan
11&12-OS-COMAP-424-2019=.DOC
Uday
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
Digitally signed
by UDAY
UDAY SHIVAJI
JAGTAP
SHIVAJI Date:
JAGTAP 2022.06.30
17:59:10
+0530
Page 1 of 3
29th June 2022
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.
Page 2 of 329th June 2022 11&12-OS-COMAP-424-2019=.DOC
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