Delhi High Court - Orders
Super Cassettes Industries Pvt Ltd vs M/S Sun Tv Network Ltd & Anr on 29 January, 2024
$~27
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ FAO-IPD 44/2021
SUPER CASSETTES INDUSTRIES PVT LTD ..... Appellant
Through: Mr. Neil Mason, Mr. Ankit Rastogi, Mr.
Siddharth Vardhman and Mr. Shivam
Issar, Advocates.
versus
M/S SUN TV NETWORK LTD & ANR .....Respondents
Through: Mr. Abhishek Malhotra and Mr.
Kartikary Dutta, Advocates.
CORAM:
HON'BLE MR. JUSTICE ANISH DAYAL
ORDER
% 29.01.2024
1. After hearing brief opening submissions made by counsel for the parties, it transpires that the proceedings in the suit have been stayed by order dated 15th January, 2019, of this Court.
2. The appeal has been pending before this Court and emanates from order dated 08th June, 2018 by the ADJ, Tis Hazari Courts, vacating the interim injunction initially in favour of the plaintiff appellant.
3. Mr. Neil Mason, counsel for the appellant, has submitted that rights in sound recordings and audio-visual songs were assigned to them by the original owner of the copyright (multiple film producers through rights holder Lahari Recording Company) in inter alia Tamil, Telugu and Kannada content.
4. Mr. Abhishek Malhotra, counsel for the respondent, states that they were accorded a right in the cinematographic film, and certain other attendant rights, by the same set of producers through an assignment.
This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 31/01/2024 at 22:34:39
5. The dispute relates to the overlapping in these two respective assignments by the original owners of the copyright.
6. Considering that the issue involves interpretation of respective contracts for different elements of copyright in the content owned by multiple film producers (through rights holder Lahari Recording Company who had assigned different elements of the rights to the appellant and the respondent), counsel for the parties may take instructions from their respective clients as to whether some interim arrangement can be agreed to, so that the trial can continue in the suit before the District Court, Delhi.
7. If counsel for the parties reach an agreement on this aspect, they are at liberty to approach this Court with an appropriate application prior to the next date of hearing.
8. List on 25th April, 2024.
9. Order be uploaded on the website of this Court.
ANISH DAYAL, J JANUARY 29, 2024/RK/rj This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 31/01/2024 at 22:34:39