← Library
High Court of DelhiFAO(OS) (COMM)/141/2021

Db Corp Limited (Radio Division) v. Super Cassettes Industries Pvt Ltd

2024-07-22Hon'Ble Mr. Justice Vibhu Bakhru,Hon'Ble Mr. Justice Sachin Datta3 pages

$~12 to 15 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

(12) + FAO(OS) (COMM) 141/2021 & CM APPL. 40956/2021 DB CORP LIMITED (RADIO DIVISION) .....Appellant versus SUPER CASSETTES INDUSTRIES PVT LTD .....Respondent (13) + FAO(OS) (COMM) 142/2021 CM APPL. 40958/2021 RAJASTHAN PATRIKA PRIVATE LIMITED .....Appellant versus SUPER CASSETTES INDUSTRIES PVT LTD .....Respondent (14) + FAO(OS) (COMM) 155/2021 CM APPL. 42885/2021 CM APPL. 42887/2021 CM APPL. 42889/2021 MUSIC BROADCAST LIMITED .....Appellant versus SUPER CASSETTES INDUSTRIES PVT LIMITED .....Respondent (15) + FAO(OS) (COMM) 158/2021 CM APPL. 43099/2021 T V TODAY NETWORK LIMITED .....Appellant versus SUPER CASSETTES INDUSTRIES PVT LTD .....Respondent Presence :

Mr.Abhishek Malhotra and Ms.Srishti Gupta, Advocates for appellant in item no.12-13.

Mr.Sagar Chandra, Ms.Srijan Uppal, Mr.Aditya Talwar and Ms.Kriti, Advocates for appellant in item no.14.

Mr.Hrishikesh Barua and Mr.Anurag Mishra, Advocates for appellant in item no.15.

Mr.Neel Mason and Mr.Ujjawal Bhargava, Advocates for respondents.

CORAM:

HON'BLE MR. JUSTICE VIBHU BAKHRU HON'BLE MR. JUSTICE SACHIN DATTA The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

O R D E R

% 22.07.2024 1.

These appeals arise out of an order dated 09.11.2021 (hereafter the impugned order) passed by the learned Single Judge in batch suits, including CS(COMM) No.132/2021;

CS(COMM) No.320/2021;

CS(COMM) No.90/2021; and CS(COMM) No.321/2021; (hereafter the suits) involving the issue of validity of statutory notices issued by the appellants to the respondent in terms of Section 31D(2) of the Copyright Act, 1957 read with Rule 29(4) of the Copyright Rules, 2013 (hereafter the Copyright Act and Rules).

2.

The impugned order was passed in relation to an earlier set of statutory notices issued prior to the said order by the appellants to the respondent under the said provisions of the Copyright Act and Rules on month-to-month basis from February, 2021.

3.

The learned counsel for the appellants today have handed over a copy of the order dated 13.03.2024 passed in the said suits. In terms of the said order, the learned Single Judge has directed the appellants to follow a particular format of statutory notice in terms of the Copyright Act and Rules. The appellants claim that they are now issuing the statutory notices to the respondent in compliance with the order dated 13.03.2024. 4.

In view of the order dated 13.03.2024, the learned counsel for the parties request that the present appeals may be disposed of, taking the said order dated 13.03.2024 on record and leaving all rights and contentions of the parties open and to be agitated before the learned Single Judge in the suits including statutory notices issued prior to the impugned order. 5.

The appeals are disposed of in terms of the request made by the The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

learned counsel for the parties, as is noted above. It is clarified that all rights of the parties are reserved. Pending applications also stand disposed of. VIBHU BAKHRU, J SACHIN DATTA, J JULY 22, 2024 M The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.