Bombay High Court
Mutiur Rehman Son Of Naushad Ali Wahid ... vs Farida Ahmed Wife Of Shahnawaz N Ahmed ... on 5 June, 2023
Author: Bharati Dangre
Bench: Bharati Dangre
1/6 57 IA (L) 7464-23.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
INTERIM APPLICATION (L) NO. 7464 OF 2023
IN
NOTICE OF MOTION NO. 3502 OF 2010
Mutiur Rehman S/o Naushad Ali Wahid .. Applicants/
Ali and ors Defendants Nos.
1,3,4,5
In the Matter between:
Farida Ahmed W/o Shahnawaz N Ahmed .. Plaintiffs
and D/o Naushad Ali Wahid Ali
Versus
Mutiur Rehman S/o Naushad Ali Wahid .. Defendants.
Ali and ors.
And
Saregama India Limited & Anr. .. Respondents.
WITH
SUIT NO. 107 OF 2010
WITH
Farida Ahmed W/o Shahnawaz Ahmed .. Plaintiffs
and 2 ors
Versus
Mutiur Rehman S/o Naushad Ali Wahid .. Defendants
Ali and 5 ors.
INTERIM APPLICATION (L) NO. 32384 OF 2022
IN
SUIT NO. 107 OF 2010
Samiur Rehman s/o Naushad Ali Wahid .. Applicant/Orig
Ali defendant no.2
Ashish
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In the matter between
Farida Ahmed w/o Shahnawaz and ors .. Plaintiffs
Versus
Muttur Rehman s/o Naushad Ali Wahid .. Defendants
Ali and ors
Saregama India Limited and Anr .. Respondents
Ms. Eventa Gonsalves for the plaintiff.
Ms Nirali Shah Atha i/b Thakore Jariwala & Associates for
Respondent No.1.
Adv. B.N. Poojari i/b Legal House for Respondent No.2
Mr. Gauraj Shah a/w Mr. Nishad Nevgi i/b Samaa Shah for
Defendant Nos. 1, 3, 4 and 5/Applicants.
Mr. Makarand Kale for Defendant No.2
CORAM: BHARATI DANGRE, J.
DATED : 5th JUNE, 2023 P.C:-
1 Interim Application No. 7464 of 2023 is filed seeking withdrawal of the royalty amounts deposited by respondent nos.1 and 2 pursuant to order dated 6/4/2011 passed in Notice of Motion No. 3502 of 2010, in proportion to the shares described in the Schedule annexed with the application, together with the interest accrued thereof.
2 Heard the learned counsel for the applicants/defendant nos. 1, 3, 4, and 5 to Suit No. 107 of 2010. I have also heard learned counsel appearing for Saregama India Ltd and the learned counsel Ashish ::: Uploaded on - 08/06/2023 ::: Downloaded on - 09/06/2023 02:05:12 ::: 3/6 57 IA (L) 7464-23.doc representing Indian Performing Rights Society.
It is these two entities which are liable to pay the royalty amounts due and payable to the heirs of Naushad Ali Wahid Ali and a Suit is filed before this Court for administration of his estate.
By order dated 6/4/2011, upon a statement being made by the respondent no.1 and 2 to the applicants, the amount of royalty due and payable to the deceased for the year was directed to be deposited with the Prothonotary and Senior Master, who in turn was directed to deposit the same in a fixed deposit of Nationalized Bank. A direction was given that the amount shall be deposited at a particular period during the year and which was directed to be invested.
Eventually, the amount was permitted to be withdrawn by the heirs of Naushad Ali i.e. the plaintiff and defendants. The amount was apportioned between the nine heirs in terms of their shares in the royalty, proportionately.
3 Time and again, distinct Notices of Motion were filed for withdrawal of the royalty amount deposited by the two Music Companies, in proportion set out in the Schedule and the request was granted.
Ashish
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4 By the present Interim Application, a similar relief is
sought along with an additional relief to the effect that instead of depositing the said amount of royalty by the two Music Companies i.e. respondent Nos.1 and 2, into the account of the Prothonotary and Senior Master, the same is prayed to be deposited in the accounts of the 9 individuals, who are the heirs of Naushad Ali, in proportion of their share in the royalty, to which they are entitled.
The ground set out in the application for such a request is that once the amount is deposited with the Prothonotary, it is levied with tax plus cess and this amount to substantial reduce of their share, but if the royalty amount is received in individual accounts of the heirs, the Income tax levied would be much lesser, than the one to which, the sum deposited with the Prothonotary is subjected to.
In any case, there is no dispute amongst the plaintiffs and defendant nos. 3 to 5 as regards the share of the respective heirs and therefore, what was permitted to be withdrawn from the amount shall be permitted to be credited to their respective accounts, is the request.
5 I see no difficulty in granting the said modification since it is not in dispute that the royalty amount is due and payable to the Ashish ::: Uploaded on - 08/06/2023 ::: Downloaded on - 09/06/2023 02:05:12 ::: 5/6 57 IA (L) 7464-23.doc heirs of Naushad Ali and their share in the royalty amount is not disputed inter-se among themselves. Apart from this, the respondent nos.1 and 2 also have no objection in making periodical payment in the accounts of the persons who are entitled to their respective share in the royalty payable.
6 For giving effect to the said arrangement, the plaintiffs and defendants who are entitled to the amount of royalty shall furnish their account details to both the Music Companies/ respondent no.1 and 2 within period of 4 weeks from today and thereupon the amount of royalty shall be credited directly in the said account. 7 As far as the respondent no.1 is concerned, the learned counsel state that demand draft of Rs. 11,23,000/- is ready, and permission is sought to be deposited the same with the Prothonotary & Sr. Master, which shall be appropriated in proportion by the heirs. I grant the same.
However, the next amount of royalty due and payable shall be paid directly into the accounts as directed above. With the aforesaid direction, the application is allowed in terms of prayer clauses (a) and (c).
Ashish
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Apart from this, the respondent no.1 and 2 shall furnish the statement of royalty payable to the plaintiffs and defendants from January, 2019 within a period of 8 weeks from today and thereafter, a statement of amount disbursed in distinct accounts shall be furnished every year before 31st December.
IA No.7464 of 2022 Stands disposed off.
In the wake of the above directions, IA (L) No.32384/2022 also stands disposed off.
List the Suit for framing of issues on 4/7/2023. Prior to the said date, the parties shall exchange the draft issues.
( SMT. BHARATI DANGRE, J.) Ashish ::: Uploaded on - 08/06/2023 ::: Downloaded on - 09/06/2023 02:05:12 :::