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6. The defendant No.1-Raiganj Cable TV Pvt. Ltd. is a multi system operator providing cable television services under the logo 'RCTV RAIGANJ and RCTV MOVIES' to various subscribers mainly in West Bengal and Bihar.

7. The plaintiff has filed evidence by way of affidavits of the authorized representatives (AR) of the Company and of the Investigator. It is apparent from the said affidavits, versions of which have gone unrebutted in the absence of cross-examination, that defendant has network in Bihar as well as West-Bengal. The defendant has about 1,50,000/- subscribers. Area of operation is stated by the defendant on its own website. (Ex.PW1/5)

9. A recording of such infringing works on the defendant's local channels such as RCTV Raiganj has been done by the plaintiff's investigator on 08th April, 2016. The recording has been copied onto a DVD and placed on record (Exh.PW1/6). A cue sheet has been prepared showing songs played by the defendant. Each song with a remark 'T' is one in which plaintiff owns copyright. Copy of Cue Sheet is marked. Screenshots have also been placed on record.

10. It is averred in the affidavits that upon detection of infringement, a letter requesting the defendant to obtain a licence was sent on 11th June, 2016. It was delivered on 26th June, 2016. Since no response was received and the defendant did not stop infringement of copyright, legal notice dated 01st August, 2016 (Ex.PW1/10) was sent to the defendant and received on 06th August, 2016 (Ex.PW1/12). As neither any response to the said legal notice was given or the infringing activities were stopped, the present suit was filed.