The Indian Performing Right ... vs Nanu Enterprises And Anr.
2002 Latest Caselaw 92 Del

ORDER

D.K. Jain, J.

IA No. 539/02.

1. Allowed subject to justice exceptions.

IA540/02

2. Learned counsel for the plaintiff submits that the deficient court fee will be filed during the course of the day. Let him do so. In view of the statement no further order's are required in the application and the same stands disposed of.

Suit No. 129/02

3. Let the plaint be registered as suit and summons issue to the defendants, by ordinary process as well as registered A/D post, for 6 February 2002.

IA 538/02

4. Notice for 6 February 2002.

5. Having heard learned counsel for the plaintiff, I am of the view that at this stage a limited interim protection deserves to be granted to the plaintiff in order to prevent irreparable loss to them. Accordingly, it is directed that without prejudice to the rights of both the parties, if the defendants fail to pay to the plaintiff a sum of Rs. 26,280/-, demanded as license fee for the period of 1 November 2000 to 31 October 2001, within one week of the receipt of this order, they will not be entitled to use to communicate to the public/public performance

the plaintiff society's copy right musical works, either by channelling the music through public address system or channelling the same through cable television to their hotel rooms.

6. Plaintiff to comply with the provisions of Order 39 Rule 3 CPC within three days. dusty.