The Indian Performing Right Society Ltd. v. Alcon Resort Holdings Limited

940-CHS-755-2016.DOC JSN

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION CHAMBER SUMMONS NO.755 OF 2016 IN SUIT NO.300 OF 2014 The Indian Performing Rights Society Limited ...Applicant In the matter between The Indian Performing Rights Society Limited ...Plaintiff

Versus

Alcon Resort Holdings Limited ... Defendants Mr. Sandip V. Marne, for the Applicant.

Mr. Rashmin Khandekar, i/b Keystone Partners for the Defendants. CORAM: G.S. PATEL, J DATED:

29th July 2016 PC:- 1.

This is the Plaintiffs' Chamber Summons for an amendment pursuant to a change in the constitution of the Plaintiffs under the Copyright Act. I considered the legal consequence of this in an order dated 13th October 2015 in Chamber Summons No. No.597 of 2015 in Suit No.1539 of 2012 in respect of another plaintiff similarly constituted, and which also similarly changed its status. 2.

The Chamber Summons will need to be allowed.

29th July 2016

940-CHS-755-2016.DOC 3.

The Chamber Summons is made absolute in terms of prayer clause (a). Amendments to be carried out on or before 26th August 2016.

4.

All rights and contentions are kept open, including as to maintainability of the Suit even after this amendment, or even because of it.

5.

The Defendants will be entitled to file a further Affidavit in Reply. They will also be at liberty to file a supplemental Written Statement. The supplemental Written Statement is to be filed and served on or before 7th October 2016.

(G. S. PATEL, J.) 29th July 2016