Vodafone Idea Ltd vs The Indian Performing Right Society Ltd
2024 Latest Caselaw 1993 Cal/2

Calcutta High Court

Vodafone Idea Ltd vs The Indian Performing Right Society Ltd on 22 May, 2024

Author: I. P. Mukerji

Bench: I. P. Mukerji

                    IA No: GA-Com 1 of 2024
                      APOT No. 211 of 2024
                              with
                    CS-Com No. 140 of 2024
               IN THE HIGH COURT AT CALCUTTA
                        In appeal from its
             ORDINARY ORIGINAL CIVIL JURISDICTION
                CIVIL APPELLATE JURISDICTION
                      (Commercial Division)


                         Vodafone Idea Ltd.
                               Versus
               The Indian Performing Right Society Ltd.



Before:
The Hon'ble Justice I. P. MUKERJI
            And
The Hon'ble Justice BISWAROOP CHOWDHURY
Date: 22nd May 2024

                                                              Appearance:
                                        Mr. S. N. Mookherji, Sr. Advocate
                                     Mr. Ratnanko Banerjee, Sr. Advocate
                                             Mr. Arunabha Deb, Advocate
                                          Mr. Soumabho Ghose, Advocate
                                         Mr. Deepan Kr. Sarkar, Advocate
                                               Ms. Ashika Daga, Advocate
                                      Mr. Raunak Das Sharma, Advocate
                                               Mr. Ashish Bhar, Advocate
                                            Mr. Aayush Mitrika, Advocate
                                               Ms. Lisa Mishra, Advocate
                                                         for the appellant
                                         Mr. Anindya Kr. Mitra, Advocate
                                         Mr. Abhrajit Mitra, Sr. Advocate
                                   Mr. Soumya Ray Chowdhury, Advocate
                                          Mr. Himangshu Bagai, Advoate
                                          Mr. Sarosij Dasgupta, Advocate
                                             Mr. Kushal Gupta, Advocate
                                        Ms. Swastika Sengupta, Advocate
                                              Ms. Susrea Mitra, Advocate
                                            Mr. Surajit Biswas, Advocate
                                               Mr. Arijeet Bera, Advocate
                                                       for the respondent

The Court: We have heard learned counsel for the parties.

Shortly this court will be closing for its summer vacation and

reopening on 10th June 2024.

List this appeal and the connected application for further

consideration on 12th June 2024.

As an interim arrangement and order, advocates-on-record for

the parties, viz. Ms. Ashika Daga, advocate-on-record for the appellant

and Mr. Kushal Gupta, advocate-on-record for the respondent are

appointed as Joint Special Officers.

All earnings and collections from 17th May 2024 from the

subject matter of the order of injunction i.e. "IPRS's repertoire of

musical and literary works or any part of the same", made by the

appellant less GST paid or payable thereon shall be deposited by the

appellant through the Joint Special Officers with Standard Chartered

Bank, 6, Church Lane, Kolkata.

The Joint Special Officers shall open a savings account in

their joint names in the above bank to be operated by them jointly and

hold the amount credited into the said account till further orders are

passed by this court.

We direct limited stay of the order of injunction granted by the

impugned judgment and order dated 17th May 2024 in paragraph

32(iv) at internal page 29 thereof till 24th June 2024 or until further

orders whichever is earlier.

The Joint Special Officers shall file a short report with a

statement of account attached in this court on the returnable date.

(I. P. MUKERJI, J.)

(BISWAROOP CHOWDHURY, J.)

R. Bose