Novex Communications, on behalf of music giants Zee Entertainment, Eros International and TIPS Industries, has filed the original suit against 30 pubs, microbreweries and star hotels in Bengaluru and Mysuru seeking a permanent injunction against them from playing music owned by these companies without legal permission.
After the trial court did not grant temporary injunction, the matter now lies with the High Court. The case is back in the trial court with a direction by the HC. The Original Suit was filed before the Principal City Civil and Sessions Judge on December 18, 2018. By an order on December 21, 2018, the trial court said that notices have to be issued to the respondents. So it did not consider the application for temporary injunction. On subsequent hearings, the court issued emergent notice to the pubs and hotels. So the interim application for temporary injunction against them was not granted.
Novex has sought for “permanent injunction restraining the defendants, their partners, directors, their servants, employees, agents, assignees, licensees, representatives and/or any person claiming through or under them or acting on their behalf, from publicly performing in any manner or communicating the sound recordings/musical composition of the songs assigned to the plaintiff or allowing their premises or any premises under their control to be used for the said purposes, without due licence from the plaintiff.”
Novex Communications Case in High Court
The HC in its judgement last month said, “The trial court is directed to consider the application and objections, if any and pass appropriate orders on I.A. No.1 for temporary injunction as contemplated under Order 39, Rule 3A of CPC.”
A temporary injunction against the parties was effective till April 26, 2019, after Novex Communications had approached the High Court. However the case was sent back to the trial court. After the pubs did not respond to the notices, on April 26, the trial court again issued summons to them. Some of the pubs however have filed objections. The case will come up for hearing again on May 27.
Music companies want to be paid a royalty by pubs and hotels for playing or performing music, to which the music companies have copyright, in their premises.
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