Bombay High Court
Novex Communications Pvt Ltd vs Mglm Real Infra Ltd on 24 October, 2018
Author: S.J. Kathawalla
Bench: S.J. Kathawalla
ssp 947 nmcdl 2477 of 2018.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
IN ITS COMMERCIAL DIVISION
NOTICE OF MOTION (L) NO.2477 OF 2018
IN
IP SUIT (L) NO.1391 OF 2018
Novex Communications Pvt. Ltd. ... Plaintif
versus
MGLM Real Infra Ltd. ... Defendant
Mr. Rashmin Khandekar with Mr. Kunal Parekh I/by M/s. Dua Associates, for
Plaintif.
None for Defendant.
CORAM: S.J. KATHAWALLA, J.
DATE: 24th OCTOBER, 2018 P.C.:
1. None for the Defendant, though served. However, one more opportunity is given to the Defendant to appear before the Court on 2nd November, 2018 at 11.00 a.m.
2. In the meantime, there shall be an ad-interim injunction in terms of prayer clauses (a) and (b) in favour of the Plaintif and against the Defendant which are reproduced hereunder :
"(a) that pending the hearing and final disposal of this Suit, this Hon'ble Court be pleased to issue an order of injunction against restraining Defendant, its partners, directors, their servants, employees, agents, assignees, licensees, representatives, third party event management companies, third party event organizers or otherwise and/or any person claiming through them or acting on 1/2 ::: Uploaded on - 25/10/2018 ::: Downloaded on - 27/10/2018 02:06:57 ::: ssp 947 nmcdl 2477 of 2018.doc their behalf, from publicly performing or in any manner communicating the sound recordings/musical compositions of the songs assigned and authorized to the Plaintif or allowing their premises or any premises under their control to be used for the said purposes, without obtaining non-exclusive public performance rights in sound recordings from the Plaintif, or otherwise, infringing the copyright in any work owned and protected by the Plaintif;
(b) that pending the hearing and final disposal of the Suit, the Defendant herein be ordered and directed to maintain recordings of all sound recordings/musical compositions played at the Defendant's premises including but not limited to separate spaces marked for entertainment such as rooms, reception/lobby area, banquet halls, dance floors, discotheques, pub, bar and restaurant or any other premise/s and produce the same before this Hon'ble Court when directed;"
Stand over to 2nd November, 2018.
( S.J.KATHAWALLA, J. ) 2/2 ::: Uploaded on - 25/10/2018 ::: Downloaded on - 27/10/2018 02:06:57 :::