Bombay High Court
Phonographic Performance Limited vs Deccan Resorts (Mahad) Private Limited on 18 December, 2025
6-IAL-40285-25+.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
IN ITS COMMERCIAL DIVISION
SAYALI
DEEPAK
UPASANI INTERIM APPLICATION (L) NO 40285 OF 2025
Digitally signed by
IN
SAYALI DEEPAK
UPASANI COMMERCIAL IP SUIT (L) NO. 40221 OF 2025
Date: 2025.12.19
10:10:07 +0530
Phonographic Performance Limited ...Plaintiff
Versus
Deccan Resorts (Mahad) Private Limited and Others ...Defendants
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Mr Amogh Singh, with Mr. Anil Kumar Singh, with Mr. Asmant Nimbalkar
with Ms. Shiksha Dutta and Ms. Chanchal Bhadrecha i/b Mr. D. P. Singh.,
for the Plaintiff.
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CORAM : SHARMILA U. DESHMUKH, J.
DATE : DECEMBER 18, 2025
P. C. :
1. Affidavit-of-service is tendered and taken on record.
2. Interim Application has been preferred after notice to the Defendants for injunction restraining the Defendants from publicly performing or communicating in any manner whatsoever the sound recording of the songs assigned to the Plaintiff or allowing their premises to be used for the said purpose without obtaining the license in the sound recording from the Plaintiff and otherwise infringing the copyright.
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3. Mr. Singh tenders the Affidavit-of-service which is taken on record. The Affidavit-of-service evidences that service has been effected upon the Defendants. However, none appears on behalf of Defendants.
4. Mr. Singh would submit that the Plaintiff is the owner of copyright in the sound recordings repertoire on the basis of the assignment/exclusive agreements of the relevant copyright in its favour and is therefore, entitled to exclusively grant licenses for broadcast of sound recordings under Section 30 of Copyright Act, 1957. Drawing attention of this Court to the license earlier procured by the Defendants which expired on 30th November 2023, he submits that Defendants are well-aware that the license is required to be obtained before the sound recording is to be communicated to the public. He submits that as the license was not renewed, the representative of the Plaintiff visited the Defendant's premises in order to verify whether the sound recordings are unauthorizedly broadcasted and points out to the Affidavit dated 3rd December 2023 filed by the representative stating that on his visit, he found the sound recordings of the Plaintiff being played for commercial exploitation which has been video recorded.
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5. The DVD of the aforesaid recording is tendered and the same is taken on record. Mr. Singh would submit that the right of the Plaintiff to issue license and to prevent the unauthorized broadcasting of the sound recording has been upheld by the learned Single Judge of this Court by order dated 24th January, 2024 as the objection therein was that the Plaintiff without being registered as Copyright Society could not claim an exclusive right on the sound recording. He submits that in a separate suit, the Delhi High Court held that in order to recover license fee, it was necessary for the Plaintiff therein to be registered as Copyright Society which was challenged before the Apex Court. He submits that the clarification was sought from the Hon'ble Apex Court and by order dated 19th June, 2025, the Hon'ble Apex Court has clarified that the order of 21st April, 2025 would be binding inter se between the parties to the suit which was pending before the Delhi High Court. He submits that in view thereof, the decision of this Court has not been interfered with by the Hon'ble Apex Court and thus, the Plaintiff is entitled to maintain an action of infringement of copyright in the sound recordings.
6. The fact that the Defendants had obtained license from the Plaintiff for the purpose of communicating the sound recording to the public for commercial purpose prima facie constitutes an admission that the Plaintiff is the owner of the copyright in the sound recording Sayali 3 of 5 ::: Uploaded on - 19/12/2025 ::: Downloaded on - 19/12/2025 22:58:37 ::: 6-IAL-40285-25+.doc on the basis of Assignment Agreement executed by certain music companies. That being the position, the Plaintiff is exclusively entitled to grant license for broadcasting the sound recording under Section 30 of Copyright Act, 1957. Though being aware of the said position, Defendants chose not to renew the license which had expired on 10 th April, 2020 and continued with the unauthorized broadcasting of sound recording in which the Plaintiff holds the copyright. The Affidavit of representative of the Plaintiff states that upon visit to the Defendant's premises on 3rd December, 2023, it was found that the sound recording in which the Plaintiff holds the copyright were being unauthorizedly broadcasted. At this stage, there was no response by the Defendant though being served. Prima facie, the Affidavit of representative of the Plaintiff will have to be accepted. Thus, the contention that the Defendants are unauthorizedly broadcasting the sound recordings of the Plaintiff are prima facie proved by the Affidavit when considered with the factum of previous license procured by the Defendants which has since expired and not being renewed.
7. In light of above, ad-interim relief is granted in terms of prayer clause (a) which reads as under:
"a) That pending the hearing and final disposal of this Suit, this Hon'ble Court be pleased to issue an order of injunction restraining the Respondents, its partners, directors, servants, employees, agents, assignees, licensees, representatives, third party event management companies or otherwise and/or any Sayali 4 of 5 ::: Uploaded on - 19/12/2025 ::: Downloaded on - 19/12/2025 22:58:37 ::: 6-IAL-40285-25+.doc person claiming through them or acting on their behalf from publicly performing or in any manner communicating the sound recordings of the songs assigned and transferred to the Applicant or allowing their premises or any premises under their control to be used for the said purpose, without obtaining non-exclusive public performance rights/license in sound recordings from the Applicant or otherwise infringing the copyright in any work owned and protected by the Applicant."
8. Stand over to 12 January 2026.
9. Ad-interim relief granted earlier to continue till next date.
[SHARMILA U. DESHMUKH, J.]
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