Phonographic Performance Ltd v. Ht Music And Enterainment Co.Ltd And ANR

907-NMSL-2233-15-SL-841-15.DOC Sharayu.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION (L) NO. 2233 OF 2015 IN SUIT (L) NO. 841 OF 2015 Phonographic Performance Limited ...Plaintiffs

Versus

HT Music and Entertainment Co.Ltd. & Anr.

...Defendants Mr. N. H. Seervai, Senior Advocate, a/w Ms. Gulnar Mistry a/w Mr. Manish Upadhyay i/b Ms. Madhavi D. Ravuri, for the Plaintiffs.

Mr. Ravi Kadam, Senior Advocate, a/w Mr.

Abhishek Malhotra, Mr. Ricob Chand i/b Mr, Rakesh Sawant, for the Defendant No. 1.

CORAM: G.S. PATEL, J DATED:

20th August 2015 PC:- 1.

Mr. Kadam, Learned Senior Counsel for Defendant No. 1, states on instructions from Mr. Manoj Bhargava, who is personally present in Court, that the 1st Defendant does not presently propose to use any part of the Plaintiff's repertoire in any broadcasts. The 1st Defendant has applied for and is awaiting the necessary broadcast permissions. Once those are received, the 1st

907-NMSL-2233-15-SL-841-15.DOC Defendant's Advocates will give the Advocates for the Plaintiffs at least seven working days' notice. On this statement being made, and which is without prejudice to the rights and contentions of the Defendants, Mr. Seervai, Learned Senior Counsel for the Plaintiff, also on instructions seeks leave to withdraw the Notice of Motion with liberty to file a fresh Notice of Motion. Leave granted with liberty as prayed.

2.

It is clarified that all rights and contentions on both sides are expressly kept open. Further, should the Plaintiff file a fresh Notice of Motion, they will give at least 48 hours' advance notice to the 1st Defendant at its Registered Office at 18-20, Kasturba Gandhi Marg, New Delhi - 110 001.

3.

Ad-interim order dated 17th August 2015 stands vacated in view of the foregoing. The Notice of Motion is disposed of in these terms with no order as to costs.

(G. S. PATEL, J.)