Delhi High Court - Orders
The Indian Performing Right Society Ltd vs Entertainment Network (India) Ltd on 25 January, 2021
Author: Manmohan
Bench: Manmohan
$~30 & 31
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ RFA(OS) 5/2021 & CM APPL. 1359/2021
THE INDIAN PERFORMING RIGHT SOCIETY LTD ..... Appellant
Through Mr.Munish Mehra with Mr.Himanshu
Bagai and Ms.Pallavi Sondhi,
Advocates.
versus
ENTERTAINMENT NETWORK (INDIA) LTD ..... Respondent
Through Mr.Ashish Verma with Mr.Kaizad
Irani, Advocates.
+ RFA(OS) 6/2021 & CM APPL. 1362/2021
THE INDIAN PERFORMING RIGHT SOCIETY LTD ..... Appellant
Through Mr.Munish Mehra with Mr.Himanshu
Bagai and Ms.Pallavi Sondhi,
Advocates.
versus
CRI EVENTS PRIVATE LIMITED & ORS. ..... Respondents
Through Mr.Neeraj K.Gupta with Mr.Ranjeet
Kumar Singh, Advocate for R-4.
CORAM:
HON'BLE MR. J USTICE MANMOHAN
HON'BLE MS. J USTICE ASHA MENON
ORDER
% 25.01.2021 On 19th January, 2021, in appeals (lead matter being RFA No.30/2021) challenging the order dated 31st December, 2020 passed by the IPAB, this Court had passed the following order:-
"The appeals have been heard by way of video conferencing.
Ms. Niyati Kohli, Advocate, points out that Agarwal Law Associates (whose matters one of us Manmohan, J, does not hear) is appearing for one of the respondents. She states that the said firm had been appearing for the respondent even before IPAB.
It is pertinent to mention that the present batch of appeals has been filed challenging the common order dated 31st December, 2020 passed by IPAB.
In the present batch of matters IPAB has taken a view which is diametrically contrary to the view taken by a learned Single Judge of this Court in CS(OS) 666/2006 and CS(OS) 1996/2009.
When this Court had heard RFA(OS) 5/2021 & 6/2021 challenging the aforesaid impugned order passed by learned Single Judge of this Court, it had directed that the judgment of the learned Single Judge shall not be relied upon or used as a precedent as it was of the opinion that the issue in question required consideration by a Division Bench.
On parity of reasoning, a similar order would have been called for in the present batch of matters. However, the present batch matters cannot be heard by this Court.
Consequently, Registry is directed to list RFA(OS) 5/2021 & 6/2021 before this Court tomorrow so that the interim order dated 14th January, 2021 can be vacated and the matters be heard on a "clean slate" by another Division Bench along with the present batch of matters.
List the present batch of matters before another Bench of which one of us (Manmohan, J) is not a member, on 27th January, 2021, subject to orders of Hon'ble the Chief Justice."
Keeping in view the aforesaid order, the interim order dated 14th January, 2021 is vacated and the present matters are directed to be listed along with RFA No.30/2021 before another Bench of which one of us (Manmohan, J) is not a member on 27th January, 2021, subject to orders of Hon'ble the Chief Justice.
MANMOHAN, J ASHA MENON, J J ANUARY 25, 2021 KA