Punjab-Haryana High Court
M/S Phonographic Performance Limited vs M/S Purple Frog And Anr on 27 December, 2018
Author: Mahabir Singh Sindhu
Bench: Mahabir Singh Sindhu
147
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
(1) Civil Revision No.16438 of 2018 (O&M)
M/s Phonographic Performance Limited
through its duly authorised Business Manager-Sanjiv Wadhwa
......... Petitioner
Versus
M/s Toy Hotel, Chandigarh and another
......... Respondents
(2) Civil Revision No.16439 of 2018 (O&M)
M/s Phonographic Performance Limited
through its duly authorised Business Manager-Sanjiv Wadhwa
......... Petitioner
Versus
M/s S Lounge, Chandigarh and another
......... Respondents
(3) Civil Revision No.16440 of 2018 (O&M)
M/s Phonographic Performance Limited
through its duly authorised Business Manager-Sanjiv Wadhwa
......... Petitioner
Versus
M/s Billionnaire Club, Chandigarh and another
......... Respondents
(4) Civil Revision No.16441 of 2018 (O&M)
M/s Phonographic Performance Limited
through its duly authorised Business Manager-Sanjiv Wadhwa
......... Petitioner
Versus
M/s Girl in the Cafe, Chandigarh and another
......... Respondents
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C.R. No.16438 of 2018 (O&M) -2-
and other connected cases
(5) Civil Revision No.16442 of 2018 (O&M)
M/s Phonographic Performance Limited
through its duly authorised Business Manager-Sanjiv Wadhwa
......... Petitioner
Versus
M/s Jag Enterprises, Chandigarh and another
......... Respondents
(6) Civil Revision No.16443 of 2018 (O&M)
M/s Phonographic Performance Limited
through its duly authorised Business Manager-Sanjiv Wadhwa
......... Petitioner
Versus
M/s Peddlers, Hotel Heritage, Chandigarh and another
......... Respondents
(7) Civil Revision No.16444 of 2018 (O&M)
M/s Phonographic Performance Limited
through its duly authorised Business Manager-Sanjiv Wadhwa
......... Petitioner
Versus
M/s Paara Night Club, Chandigarh and another
......... Respondents
(8) Civil Revision No.16445 of 2018 (O&M)
M/s Phonographic Performance Limited
through its duly authorised Business Manager-Sanjiv Wadhwa
......... Petitioner
Versus
M/s Ministry of Bar Exchange, Chandigarh and another
......... Respondents
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and other connected cases
(9) Civil Revision No.16446 of 2018 (O&M)
M/s Phonographic Performance Limited
through its duly authorised Business Manager-Sanjiv Wadhwa
......... Petitioner
Versus
M/s Buzz @ Poison, Chandigarh and another
......... Respondents
(10) Civil Revision No.16447 of 2018 (O&M)
M/s Phonographic Performance Limited
through its duly authorised Business Manager-Sanjiv Wadhwa
......... Petitioner
Versus
M/s Tao, Chandigarh and another
......... Respondents
(11) Civil Revision No.16448 of 2018 (O&M)
M/s Phonographic Performance Limited
through its duly authorised Business Manager-Sanjiv Wadhwa
......... Petitioner
Versus
M/s Purple Frog, Chandigarh and another
......... Respondents
(12) Civil Revision No.16449 of 2018 (O&M)
M/s Phonographic Performance Limited
through its duly authorised Business Manager-Sanjiv Wadhwa
......... Petitioner
Versus
M/s F Bar, Chandigarh and another
......... Respondents
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and other connected cases
(13) Civil Revision No.16450 of 2018 (O&M)
M/s Phonographic Performance Limited
through its duly authorised Business Manager-Sanjiv Wadhwa
......... Petitioner
Versus
M/s FLYP MTV, Chandigarh and another
......... Respondents
(14) Civil Revision No.16451 of 2018 (O&M)
M/s Phonographic Performance Limited
through its duly authorised Business Manager-Sanjiv Wadhwa
......... Petitioner
Versus
M/s BLU O @ SMAASH, Chandigarh and another
......... Respondents
(15) Civil Revision No.16452 of 2018 (O&M)
M/s Phonographic Performance Limited
through its duly authorised Business Manager-Sanjiv Wadhwa
......... Petitioner
Versus
M/s Pyramid Cafe, Chandigarh and another
......... Respondents
(16) Civil Revision No.16453 of 2018 (O&M)
M/s Phonographic Performance Limited
through its duly authorised Business Manager-Sanjiv Wadhwa
......... Petitioner
Versus
M/s Blue Ice, Chandigarh and another
......... Respondents
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and other connected cases
(17) Civil Revision No.16454 of 2018 (O&M)
M/s Phonographic Performance Limited
through its duly authorised Business Manager-Sanjiv Wadhwa
......... Petitioner
Versus
M/s Score, Chandigarh and another
......... Respondents
(18) Civil Revision No.16455 of 2018 (O&M)
M/s Phonographic Performance Limited
through its duly authorised Business Manager-Sanjiv Wadhwa
......... Petitioner
Versus
M/s Satva, Chandigarh and another
......... Respondents
(19) Civil Revision No.16456 of 2018 (O&M)
M/s Phonographic Performance Limited
through its duly authorised Business Manager-Sanjiv Wadhwa
......... Petitioner
Versus
M/s Kingdom of Beer, Chandigarh and another
......... Respondents
(20) Civil Revision No.16457 of 2018 (O&M)
M/s Phonographic Performance Limited
through its duly authorised Business Manager-Sanjiv Wadhwa
......... Petitioner
Versus
M/s Hangout, Chandigarh and another
......... Respondents
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and other connected cases
(21) Civil Revision No.16458 of 2018 (O&M)
M/s Phonographic Performance Limited
through its duly authorised Business Manager-Sanjiv Wadhwa
......... Petitioner
Versus
M/s Tamzara, Chandigarh and another
......... Respondents
Date of Decision: 27.12.2018
CORAM: HON'BLE MR. JUSTICE MAHABIR SINGH SINDHU
Present: Mr. Chetan Mittal, Senior Advocate assisted by
Mr. Kanwal S. Walia and Mr. Varun Issar, Advocates
for the petitioner.
****
MAHABIR SINGH SINDHU, J. (Oral)
This order shall dispose off the aforementioned 21 petitions as common facts are involved therein. With the consent of learned Senior Counsel for the petitioner and for the sake of convenience, facts have been taken from C.R. No.16438 of 2018.
Present petitions have been filed under Article 227 of the Constitution of India for seeking injunction during the pendency of the suit under Section 55 of the Copyright Act, 1957 (for short 'Act') before learned Additional District Judge, Chandigarh or in alternative, to direct the Court concerned to decide the application dated 23.12.2017 (Annexure P-4), moved under Order 39 Rules 1 and 2 of the Code of Civil Procedure, 1908 on some earlier date.
6 of 7 ::: Downloaded on - 27-12-2018 22:06:21 ::: C.R. No.16438 of 2018 (O&M) -7- and other connected cases Learned Senior Counsel for the petitioner, after arguing for sometime, confined his prayer that he may be permitted to withdraw the present petition with liberty to approach the Court concerned to revive his application for interim stay in view of the fact that although application for preponement was declined by the Court concerned on 20.12.2018, but no copy of the said order has been supplied to the petitioner till date and festival season is going to end by 31.12.2018.
The prayer seems to be justified and accepted.
In view of the urgency of the matter, the present petition is disposed off with liberty to the petitioner to approach the Court of competent jurisdiction/Vacation Judge along with an application for preponement of the stay application and the same shall be considered and decided preferably within two days from its filing in accordance with law.
Photocopy of this order be placed on the connected case(s).
December 27, 2018 (MAHABIR SINGH SINDHU)
Gagan JUDGE
Whether speaking/reasoned Yes
Whether Reportable No
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