Bombay High Court
Novex Communications Private Limited vs Jioneext Services India Private ... on 17 March, 2022
Author: R.I. Chagla
Bench: R.I. Chagla
909.IAL.7529.22 in COMIPL.7527.22.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
INTERIM APPLICATION (L) NO. 7529 OF 2022
IN
COMMERCIAL IP SUIT (L) NO. 7527 OF 2022
Novex Communications Private Limited ... Applicant/Orig. Plaintiff
Versus
Jioneext Services India Private Limited ... Defendant
Mr. Venkatesh Dhond, Senior Counsel, Mr. Ashish Kamat, Mr. Rashmin
Khandekar a/w Mr. Kunal Parekh, Ms. Nirali Shah, Ms. Vidhi Porwal i/b
Dua Associates for the Applicant/Plaintiff.
None for the Defendant.
CORAM : R.I. CHAGLA, J.
DATED : 17th MARCH, 2022
ORDER :
1 Heard Mr. Venkatesh Dhond, learned Senior Counsel appearing for the Applicant/Plaintiff. Mr. Dhond tenders affidavit of service dated 14.03.2022 which shows service of the plaint and Interim Application of the proceedings on the Defendant Yesterday i.e. on 16.03.2022 and it has also been communicated by e-mail. The affidavit of service is taken on record. Mr. Dhond has sought urgent ad-interim relief restraining the Defendant from using the sound recordings of the songs Waghmare 1/4
909.IAL.7529.22 in COMIPL.7527.22.doc assigned to the Plaintiff without obtaining non-exclusive public performance rights in sound recordings from the Plaintiff or otherwise protected by the Plaintiff at the event being held tomorrow known as "Rang-Rasiya 2022". He has submitted that notice of this event has only recently come to the knowledge of the Applicant/Plaintiff from social media i.e. Instagram. He has submitted that the on ground public performance rights in the sound recordings are subsisting in favour of the Applicant/Plaintiff. The Applicant/Plaintiff has obtained on ground public performance rights in sound records from Eros International Media Limited, Tips Industries Limited, SPI Music Private Limited, Red Ribbon Entertainment Private Limited and Yash Raj Films Private Limited under Assignment Agreements. He has submitted that in the past the Defendant has infringed the Plaintiff's copyright as set out in paragraph 19 of the plaint. The Defendant infringed the Plaintiff's copy right by playing the songs belonging to the Plaintiff and set out in paragraph 19 of the plaint at their restaurant "Kingsman" Juhu Mumbai, on 05.03.2022. 2 Mr. Dhond has further submitted that the Plaintiff has been extremely diligent in protecting its copyrights and has obtained several orders from Courts all over the country including this Court. The rights of the Plaintiff have been tested and recognized. He has submitted that this Court has held that third parties cannot use the repertoire of the Plaintiff Waghmare 2/4
909.IAL.7529.22 in COMIPL.7527.22.doc without obtaining the requisite non-exclusive public performance rights in sound recordings from the Plaintiff.
3 Having considered the submission of Mr. Dhond as well as perusing the averments in the plaint and noting that the event "Rang Rasiya 2022", the picture of the event being annexed at Exhibit-A to the plaint, as is available on Instagram and which event is being held tomorrow, it would be appropriate to grant ad-interim relief sought for by the Applicant/Plaintiff, restricted to this event. 4 It is further noted that the Plaintiff has subsisting on ground public performance rights in the sound recordings as aforementioned and that the Defendant is stated to have in the past infringed the Plaintiff's copyright by playing the songs at their restaurant "Kingsman" Juhu Mumbai. Hence, it would be necessary to grant such ad-interim relief as sought for.
5 Hence, the following ad-interim order :
i) The Defendant, its directors, servants, employees, agents, assignees, licensees, representatives, third party event management companies, third part event Organizers and/or any person claiming through them or acting on their behalf Waghmare 3/4
909.IAL.7529.22 in COMIPL.7527.22.doc are restrained by an order of injunction from in any manner communicating the sound recordings of the songs assigned and authorised to the Plaintiff at their event titled "Rang-
Rasiya 2022" being held tomorrow i.e. 18.03.2022 without obtaining non-exclusive public performance rights in the sound recordings from the Plaintiff.
ii) This order shall be communicated by the learned Advocate for the Applicant/Plaintiff to the Defendant within the course of today and affidavit of service shall be filed to that effect on or before the next date.
iii) The Interim Application shall be listed for further ad- interim relief on 19.04.2022.
iv) Liberty to the Defendant to apply.
v) Parties to act on the authenticated copy of this order.
Digitally signed
by WAISHALI
SUSHIL
WAISHALI WAGHMARE
SUSHIL
Date:
WAGHMARE 2022.03.17
17:35:59
+0530 (R.I. CHAGLA, J.)
Waghmare 4/4