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Bombay High Court

Goldmines Telefilms Private Limited vs Super Cassettes Industries Private ... on 5 July, 2024

Author: R.I. Chagla

Bench: R.I. Chagla

                                                                     1-ia-3866-2023.doc

jsn
                   IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                       ORDINARY ORIGINAL CIVIL JURISDICTION
                            IN ITS COMMERCIAL DIVISION

                         INTERIM APPLICATION NO.3866 OF 2023
                                         IN
                             COM IPR SUIT NO.319 OF 2023

       Goldmines Telefilms Pvt. Ltd.                           ...Applicant /
                                                               Plaintiff

               Versus

       Super Cassettes Industries Pvt. Ltd. and Ors.           ...Defendants

                                         ----------
       Dr. Virendra Tulzapurkar, Aurup Dasgupta, Sonam Ghiya and
       Drshika Hemnani i/b. Jhangiani, Narula and Associates for the
       Plaintiff.
       Ravi Kadam, Senior Advocate, Geetanjali Visvanathan, Harsh
       Kaushik, Kyle C. and Akshat Tiwari i/b. Vashi and Vashi for
       Defendant No.1.
       Suyesha K., i/b. Economic Laws Practice for the Google LLC.
       Hiren Kamod, Kunal Parekh and Nirali Aitha i/b. Dua Assocaites for
       the Defendant Nos.2 and 3.
       Nirav Parmar and Aryan Deshmukh i/b. IndusLaw for the Defendant
       No.4.
                                         ----------

                                        CORAM : R.I. CHAGLA J.

                                         DATE         : 5TH JULY, 2024.

       ORDER :

1. Mr. Ravi Kadam, the learned Senior Counsel appearing 1/2 ::: Uploaded on - 09/07/2024 ::: Downloaded on - 17/07/2024 14:00:40 ::: 1-ia-3866-2023.doc for the Defendant No.1 on instructions states that without prejudice to the rights and contentions of Defendant No.1 in the above suit, the Defendant No.1 will not exploit the audio / video songs of the two suit films and / or will not obstruct the Plaintiff from exploiting the audio / video songs of the two suit films. He has further stated that this statement is without prejudice to the claim of Defendant No.1 to the rights in the underlying works and which Defendant No.1 will pursue in alternate proceedings. Further, in the event the Defendant No.1 intends to exploit the audio / video songs of the two suit films, an advance notice of four weeks will be given to the Plaintiff. The statement is accepted.

2. In view of the above statement, the Interim Application No.3866 of 2023 is disposed of.

3. The Interim Application (L) No.10465 of 2024 shall be placed on 23rd July, 2024 at 2.30 p.m. [ R.I. CHAGLA J. ] 2/2 ::: Uploaded on - 09/07/2024 ::: Downloaded on - 17/07/2024 14:00:40 :::