w w w . L a w y e r S e r v i c e s . i n



Super Cassettes Industries Pvt. Ltd v/s Prime Cable Network & Another


Company & Directors' Information:- CABLE CORPORATION OF INDIA LIMITED [Active] CIN = U31300MH1957PLC010964

Company & Directors' Information:- NETWORK LIMITED [Active] CIN = L32209DL1989PLC034797

Company & Directors' Information:- T T G INDUSTRIES LIMITED [Active] CIN = U27209TN1987PLC014169

Company & Directors' Information:- V I P INDUSTRIES LIMITED [Active] CIN = L25200MH1968PLC013914

Company & Directors' Information:- A L M INDUSTRIES LIMITED [Active] CIN = U14100DL1996PLC129067

Company & Directors' Information:- S R K INDUSTRIES LIMITED [Active] CIN = L17121MH1991PLC257750

Company & Directors' Information:- S R INDUSTRIES LTD [Active] CIN = L29246PB1989PLC009531

Company & Directors' Information:- F E INDUSTRIES PRIVATE LIMITED [Active] CIN = U36100PB2003PTC026482

Company & Directors' Information:- N K INDUSTRIES LIMITED [Active] CIN = L91110GJ1987PLC009905

Company & Directors' Information:- T S I INDUSTRIES PRIVATE LIMITED [Under Process of Striking Off] CIN = U18101HR1997PTC034478

Company & Directors' Information:- B L A INDUSTRIES PRIVATE LIMITED. [Active] CIN = U10200MH1964PTC162314

Company & Directors' Information:- NETWORK INDUSTRIES LIMITED [Active] CIN = U17111WB1989PLC046577

Company & Directors' Information:- SUPER CASSETTES INDUSTRIES PRIVATE LIMITED [Active] CIN = U74899DL1983PTC016114

Company & Directors' Information:- H G I INDUSTRIES LIMITED [Active] CIN = L40200WB1944PLC011754

Company & Directors' Information:- R P INDUSTRIES PRIVATE LIMITED [Active] CIN = U27100GJ2011PTC075812

Company & Directors' Information:- D D INDUSTRIES LIMITED [Active] CIN = U74899DL1974PLC007169

Company & Directors' Information:- PRIME INDUSTRIES LIMITED [Active] CIN = L15490PB1992PLC012662

Company & Directors' Information:- A G INDUSTRIES PVT LTD [Active] CIN = U27300HR1991PTC031378

Company & Directors' Information:- H. J. INDUSTRIES (INDIA) PRIVATE LIMITED [Active] CIN = U17120GJ2010PTC060769

Company & Directors' Information:- G R S INDUSTRIES LIMITED [Active] CIN = U00000PB2005PLC029159

Company & Directors' Information:- T S L INDUSTRIES LIMITED [Active] CIN = L65999WB1994PLC065255

Company & Directors' Information:- M F B INDUSTRIES LIMITED [Active] CIN = U31401TN1989PLC018274

Company & Directors' Information:- V S P INDUSTRIES PRIVATE LIMITED [Active] CIN = U17111TZ2005PTC011820

Company & Directors' Information:- M N INDUSTRIES PRIVATE LIMITED [Active] CIN = U24100TG2012PTC079737

Company & Directors' Information:- G I INDUSTRIES PRIVATE LIMITED [Active] CIN = U15312PB2010PTC033806

Company & Directors' Information:- E T C INDUSTRIES LIMITED [Active] CIN = U31200MP1995PLC009281

Company & Directors' Information:- S K INDUSTRIES PVT LTD [Active] CIN = U74899DL1991PTC045572

Company & Directors' Information:- S R V E INDUSTRIES LIMITED [Active] CIN = U03210TZ2006PLC012577

Company & Directors' Information:- P AND P INDUSTRIES LIMITED [Strike Off] CIN = U21010MH1992PLC068885

Company & Directors' Information:- N G INDUSTRIES LTD [Active] CIN = L74140WB1994PLC065937

Company & Directors' Information:- S A NETWORK PRIVATE LIMITED [Active] CIN = U51420MH2001PTC133207

Company & Directors' Information:- V V NETWORK PRIVATE LIMITED [Under Process of Striking Off] CIN = U64200TN2011PTC082529

Company & Directors' Information:- S L INDUSTRIES P. LTD. [Active] CIN = U15331WB1989PTC047543

Company & Directors' Information:- AMP INDUSTRIES LIMITED [Active] CIN = L51909AS1985PLC002332

Company & Directors' Information:- T R A T INDUSTRIES LIMITED [Active] CIN = U25199KL1996PLC010148

Company & Directors' Information:- B R INDUSTRIES LIMITED [Active] CIN = U74899DL1995PLC067120

Company & Directors' Information:- N M INDUSTRIES PRIVATE LIMITED [Active] CIN = U74120DL2008PTC175664

Company & Directors' Information:- S N L INDUSTRIES PRIVATE LIMITED [Strike Off] CIN = U17115RJ1994PTC008053

Company & Directors' Information:- J V INDUSTRIES PRIVATE LIMITED [Active] CIN = U74899DL1994PTC057081

Company & Directors' Information:- A R INDUSTRIES PVT LTD [Active] CIN = U27101HR1995PTC032569

Company & Directors' Information:- D V S INDUSTRIES PRIVATE LIMITED [Active] CIN = U74899DL1992PTC049221

Company & Directors' Information:- C D INDUSTRIES LIMITED [Active] CIN = U27100MH1996PLC101277

Company & Directors' Information:- G V INDUSTRIES INDIA PRIVATE LIMITED [Active] CIN = U74900TG2014PTC096387

Company & Directors' Information:- G S M INDUSTRIES PRIVATE LIMITED [Active] CIN = U02001DL2002PTC117443

Company & Directors' Information:- B G INDUSTRIES LTD [Active] CIN = U26921ML1980PLC001830

Company & Directors' Information:- P K INDUSTRIES PRIVATE LIMITED [Active] CIN = U51900DL2012PTC241654

Company & Directors' Information:- M D INDUSTRIES PRIVATE LIMITED [Active] CIN = U91110GJ1994PTC022025

Company & Directors' Information:- L C INDUSTRIES PRIVATE LIMITED [Active] CIN = U15122UP2013PTC055697

Company & Directors' Information:- G. A. INDUSTRIES PRIVATE LIMITED [Active] CIN = U15435MH2005PTC151817

Company & Directors' Information:- P A S INDUSTRIES INDIA PRIVATE LIMITED [Active in Progress] CIN = U17121TZ2005PTC012171

Company & Directors' Information:- V AND S INDUSTRIES PRIVATE LIMITED [Active] CIN = U74899DL1990PTC039251

Company & Directors' Information:- M K J INDUSTRIES PRIVATE LIMITED [Active] CIN = U19111UP1989PTC010468

Company & Directors' Information:- S S F INDUSTRIES LIMITED [Active] CIN = U25190BR1988PLC003160

Company & Directors' Information:- P B INDUSTRIES PRIVATE LIMITED [Active] CIN = U29120MP1994PTC008840

Company & Directors' Information:- R & M INDUSTRIES PRIVATE LIMITED [Active] CIN = U24297TN1972PTC006185

Company & Directors' Information:- A M INDUSTRIES LTD [Active] CIN = U21012WB1977PLC030854

Company & Directors' Information:- A AND S INDUSTRIES PRIVATE LIMITED [Active] CIN = U17117DL1995PTC064137

Company & Directors' Information:- M C INDUSTRIES LTD [Active] CIN = U27106WB1993PLC058995

Company & Directors' Information:- D R INDUSTRIES PRIVATE LIMITED [Active] CIN = U24100WB2011PTC160058

Company & Directors' Information:- R. L. F. INDUSTRIES LIMITED [Active] CIN = U51909DL1983PLC015262

Company & Directors' Information:- U K INDUSTRIES PRIVATE LIMITED [Active] CIN = U24241WB1988PTC044355

Company & Directors' Information:- M G I INDUSTRIES PVT LTD [Active] CIN = U27310GJ2006PTC048707

Company & Directors' Information:- A D INDUSTRIES PRIVATE LIMITED [Active] CIN = U18101WB2008PTC131561

Company & Directors' Information:- V J INDUSTRIES PRIVATE LIMITED [Active] CIN = U29253KA2009PTC050226

Company & Directors' Information:- V T INDUSTRIES PVT LIMITED [Active] CIN = U29150WB1985PLC039217

Company & Directors' Information:- V T INDUSTRIES PVT LIMITED [Active] CIN = U29150WB1985PTC039217

Company & Directors' Information:- G R INDUSTRIES PRIVATE LIMITED [Strike Off] CIN = U34300PB1996PTC018671

Company & Directors' Information:- M. K. INDUSTRIES PRIVATE LIMITED [Active] CIN = U15549WB2008PTC130116

Company & Directors' Information:- R S V INDUSTRIES PRIVATE LIMITED [Active] CIN = U52399MH2008PTC180489

Company & Directors' Information:- K. A. INDUSTRIES PRIVATE LIMITED [Active] CIN = U14220JH2008PTC013409

Company & Directors' Information:- D K INDUSTRIES LIMITED [Active] CIN = U45202CH1994PLC014627

Company & Directors' Information:- D G INDUSTRIES PVT LTD [Active] CIN = U36942WB1946PTC013526

Company & Directors' Information:- R I L INDUSTRIES PRIVATE LIMITED [Active] CIN = U70101DL1993PTC052678

Company & Directors' Information:- I S INDUSTRIES PRIVATE LIMITED [Strike Off] CIN = U29100GJ2009PTC057308

Company & Directors' Information:- B M INDUSTRIES PRIVATE LIMITED [Active] CIN = U17000MH1997PTC109621

Company & Directors' Information:- R V S INDUSTRIES PRIVATE LIMITED [Active] CIN = U17111TZ1995PTC006398

Company & Directors' Information:- B N INDUSTRIES PRIVATE LIMITED [Active] CIN = U67120AS1994PTC004273

Company & Directors' Information:- A J INDUSTRIES PRIVATE LIMITED [Active] CIN = U17120MH2004PTC145040

Company & Directors' Information:- S. A. A INDUSTRIES PRIVATE LIMITED [Active] CIN = U01549TZ1997PTC007927

Company & Directors' Information:- C R I INDUSTRIES PRIVATE LIMITED [Amalgamated] CIN = U29120TZ2002PTC010129

Company & Directors' Information:- A C T INDUSTRIES PRIVATE LIMITED [Active] CIN = U74899DL1984PTC018724

Company & Directors' Information:- G B INDUSTRIES PRIVATE LIMITED [Active] CIN = U29220PN2011PTC139883

Company & Directors' Information:- S D B INDUSTRIES LIMITED [Active] CIN = U27107MP1996PLC010394

Company & Directors' Information:- M M INDUSTRIES PRIVATE LIMITED [Active] CIN = U31300CT2008PTC020916

Company & Directors' Information:- A C INDUSTRIES PVT LTD [Active] CIN = U29299WB2006PTC109474

Company & Directors' Information:- K M INDUSTRIES PRIVATE LIMITED [Converted to LLP and Dissolved] CIN = U74899DL1991PTC043295

Company & Directors' Information:- C J INDUSTRIES PRIVATE LIMITED [Strike Off] CIN = U25209MH1998PTC116707

Company & Directors' Information:- N P INDUSTRIES LTD [Strike Off] CIN = U15549PB1989PLC009426

Company & Directors' Information:- J. L. INDUSTRIES PRIVATE LIMITED [Strike Off] CIN = U29141MP2008PTC020731

Company & Directors' Information:- I K INDUSTRIES PRIVATE LIMITED [Active] CIN = U24100MH2010PTC199474

Company & Directors' Information:- H. D. INDUSTRIES PRIVATE LIMITED [Strike Off] CIN = U27310MH2011PTC216080

Company & Directors' Information:- R. D. G. INDUSTRIES PRIVATE LIMITED [Active] CIN = U26960DL2008PTC182480

Company & Directors' Information:- R B INDUSTRIES PRIVATE LIMITED [Strike Off] CIN = U28999DL2008PTC177248

Company & Directors' Information:- H & H INDUSTRIES PRIVATE LIMITED [Active] CIN = U34100DL2010PTC204604

Company & Directors' Information:- M J INDUSTRIES PRIVATE LIMITED [Active] CIN = U15203KA2011PTC060675

Company & Directors' Information:- B R V INDUSTRIES PRIVATE LIMITED [Active] CIN = U32301UP1995PTC018704

Company & Directors' Information:- A. G. INDUSTRIES LIMITED [Strike Off] CIN = U25201UP1994PLC017291

Company & Directors' Information:- B R INDUSTRIES LIMITED [Strike Off] CIN = U15204AS1993PLC003930

Company & Directors' Information:- I P M INDUSTRIES LIMITED [Active] CIN = U25200DL1995PLC068554

Company & Directors' Information:- M R INDUSTRIES PRIVATE LIMITED [Strike Off] CIN = U74900UP2008PTC036443

Company & Directors' Information:- R D I INDUSTRIES PRIVATE LIMITED [Strike Off] CIN = U74900DL1995PTC065508

Company & Directors' Information:- INDIA CASSETTES PVT LTD [Under Liquidation] CIN = U32303KL1992PTC006845

Company & Directors' Information:- J G INDUSTRIES LTD [Active] CIN = L15141WB1983PLC035931

Company & Directors' Information:- PRIME CABLE INDUSTRIES PRIVATE LIMITED [Active] CIN = U31905DL2008PTC177989

Company & Directors' Information:- V G INDUSTRIES PRIVATE LIMITED [Active] CIN = U15139JK2015PTC004570

Company & Directors' Information:- S N INDUSTRIES PRIVATE LIMITED [Active] CIN = U29211UP1951PTC002319

Company & Directors' Information:- K G INDUSTRIES PVT LTD [Active] CIN = U29130WB1951PTC019868

Company & Directors' Information:- N S INDUSTRIES PRIVATE LIMITED [Under Process of Striking Off] CIN = U74120UP2012PTC053986

Company & Directors' Information:- W W I INDUSTRIES PRIVATE LIMITED [Strike Off] CIN = U29300MH1997PTC112589

Company & Directors' Information:- SUPER INDUSTRIES PRIVATE LIMITED [Strike Off] CIN = U74999MH1959PTC011462

Company & Directors' Information:- D U INDUSTRIES PRIVATE LIMITED [Active] CIN = U29230GJ2016PTC091588

Company & Directors' Information:- S R P INDUSTRIES LIMITED [Amalgamated] CIN = U00061BR1984PLC002023

Company & Directors' Information:- C P INDUSTRIES PVT LTD [Strike Off] CIN = U29303MP1949PTC000846

Company & Directors' Information:- J B INDUSTRIES PRIVATE LIMITED [Strike Off] CIN = U74999MH2013PTC245506

Company & Directors' Information:- S J V INDUSTRIES LTD [Amalgamated] CIN = U15421WB1982PLC035521

Company & Directors' Information:- V V INDUSTRIES PVT LTD [Strike Off] CIN = U99999DL1980PTC010427

Company & Directors' Information:- K K INDUSTRIES PRIVATE LIMITED [Strike Off] CIN = U65100DL1982PTC013046

Company & Directors' Information:- A T C INDUSTRIES LTD [Strike Off] CIN = U27109AS1984PLC002201

Company & Directors' Information:- N V INDUSTRIES PVT LTD [Active] CIN = U51909WB1953PTC020952

Company & Directors' Information:- U. P. CABLE COMPANY PRIVATE LIMITED [Strike Off] CIN = U31300DL1974PTC007318

Company & Directors' Information:- A TO Z INDUSTRIES PVT LTD [Strike Off] CIN = U31908AS1987PTC002804

Company & Directors' Information:- L K INDUSTRIES PRIVATE LIMITED [Active] CIN = U17291MH2012PTC233546

Company & Directors' Information:- G S C INDUSTRIES PRIVATE LTD [Active] CIN = U92114DL1956PTC002616

Company & Directors' Information:- G G INDUSTRIES PRIVATE LIMITED [Active] CIN = U27320UP1969PTC003282

Company & Directors' Information:- K S INDUSTRIES PRIVATE LIMITED [Strike Off] CIN = U31909MH1960PTC011707

Company & Directors' Information:- P R INDUSTRIES PVT LTD [Active] CIN = U21014DL1971PTC005738

Company & Directors' Information:- R K I INDUSTRIES PRIVATE LIMITED [Strike Off] CIN = U29190DL2012PTC233413

Company & Directors' Information:- A. M. CABLE PRIVATE LIMITED [Active] CIN = U31908DL2010PTC201788

Company & Directors' Information:- R K INDUSTRIES PVT LTD [Strike Off] CIN = U25202AS1988PTC003132

Company & Directors' Information:- M C NETWORK PRIVATE LIMITED [Strike Off] CIN = U74900DL1998PTC094287

Company & Directors' Information:- S G R INDUSTRIES PVT LTD [Strike Off] CIN = U25199WB1948PTC016397

Company & Directors' Information:- SUPER CORPORATION LIMITED [Active] CIN = U19112UP2013PLC061542

Company & Directors' Information:- K R INDUSTRIES INDIA PRIVATE LIMITED [Active] CIN = U25190KA2012PTC062367

Company & Directors' Information:- S. S. V. CABLE PRIVATE LIMITED [Active] CIN = U64204MH1999PTC119288

Company & Directors' Information:- S V G NETWORK PRIVATE LIMITED [Active] CIN = U32203DL1998PTC093917

Company & Directors' Information:- PRIME CABLE NETWORK PRIVATE LIMITED [Strike Off] CIN = U92132DL1992PTC048659

Company & Directors' Information:- S B T (INDIA) NETWORK PRIVATE LIMITED [Strike Off] CIN = U72200TG2000PTC034445

Company & Directors' Information:- Y K INDUSTRIES PRIVATE LIMITED [Active] CIN = U19115UP2012PTC051151

Company & Directors' Information:- E S INDUSTRIES PRIVATE LIMITED [Strike Off] CIN = U74999TN2012PTC086119

Company & Directors' Information:- I B INDUSTRIES LTD. [Strike Off] CIN = U28992WB1990PLC050469

Company & Directors' Information:- V I INDUSTRIES LTD [Strike Off] CIN = U36934WB1951PLC019890

Company & Directors' Information:- J M INDUSTRIES PRIVATE LIMITED [Strike Off] CIN = U05002UP1952PTC002456

Company & Directors' Information:- L F INDUSTRIES PRIVATE LIMITED [Active] CIN = U17291UP2015PTC068602

Company & Directors' Information:- A K S INDUSTRIES PVT LTD [Active] CIN = U27201WB1946PTC013433

Company & Directors' Information:- N R NETWORK (INDIA) PRIVATE LIMITED [Strike Off] CIN = U74999DL2001PTC112418

Company & Directors' Information:- V M V INDUSTRIES PRIVATE LIMITED [Strike Off] CIN = U26990GJ2013PTC076945

Company & Directors' Information:- S K INDUSTRIES LIMITED [Under Process of Striking Off] CIN = U29248PN1948PLC001948

Company & Directors' Information:- S P INDUSTRIES PVT LTD [Strike Off] CIN = U20232AS1980PTC001853

Company & Directors' Information:- V N R INDUSTRIES PRIVATE LIMITED [Strike Off] CIN = U21090AP2012PTC081525

Company & Directors' Information:- PRIME (INDIA) PVT LTD [Strike Off] CIN = U28112OR1984PTC001383

Company & Directors' Information:- A K INDUSTRIES PVT LTD [Active] CIN = U51109WB1944PTC011764

Company & Directors' Information:- S S NETWORK PRIVATE LIMITED [Strike Off] CIN = U72200DL1999PTC102107

Company & Directors' Information:- S M B NETWORK PRIVATE LIMITED [Strike Off] CIN = U72200TZ2011PTC017481

Company & Directors' Information:- K INDUSTRIES PVT LTD [Strike Off] CIN = U99999KA1946PTC000938

Company & Directors' Information:- G I P INDUSTRIES PRIVATE LIMITED [Strike Off] CIN = U52605MH2015PTC263962

Company & Directors' Information:- C. L. INDUSTRIES PRIVATE LIMITED [Active] CIN = U27109RJ2014PTC045306

Company & Directors' Information:- V J NETWORK PRIVATE LIMITED [Active] CIN = U52392TN2008PTC066742

Company & Directors' Information:- R. A. M INDUSTRIES PRIVATE LIMITED [Active] CIN = U17120MH2014PTC254820

Company & Directors' Information:- S. B. INDUSTRIES PRIVATE LIMITED [Strike Off] CIN = U74900PN2012PTC144181

Company & Directors' Information:- M. H. CABLE NETWORK PRIVATE LIMITED [Strike Off] CIN = U74999MH2016PTC288041

Company & Directors' Information:- A & P INDUSTRIES PRIVATE LIMITED [Active] CIN = U36935TG2014PTC095781

Company & Directors' Information:- C & N INDUSTRIES PRIVATE LIMITED [Strike Off] CIN = U40200TG2014PTC095187

Company & Directors' Information:- B S B INDUSTRIES PRIVATE LIMITED [Strike Off] CIN = U45200TG2013PTC088059

Company & Directors' Information:- R A R INDUSTRIES PRIVATE LIMITED [Active] CIN = U74900TG2016PTC103684

Company & Directors' Information:- K S A B INDUSTRIES PRIVATE LIMITED [Active] CIN = U51909WB2012PTC181903

Company & Directors' Information:- S V S INDUSTRIES PRIVATE LIMITED [Strike Off] CIN = U36100JK2013PTC003808

Company & Directors' Information:- A T NETWORK PRIVATE LIMITED [Strike Off] CIN = U51909CH2001PTC024541

Company & Directors' Information:- R D M INDUSTRIES PRIVATE LIMITED [Strike Off] CIN = U31100DL2013PTC252294

Company & Directors' Information:- M B CASSETTES PRIVATE LIMITED [Strike Off] CIN = U32303DL2010PTC210031

Company & Directors' Information:- S AND V NETWORK PRIVATE LIMITED [Strike Off] CIN = U32201MP2007PTC019567

Company & Directors' Information:- INDUSTRIES INDIA PRIVATE LIMITED [Strike Off] CIN = U00349KA1947PTC000501

Company & Directors' Information:- A V K INDUSTRIES INDIA PRIVATE LIMITED [Strike Off] CIN = U52100KA2012PTC066761

Company & Directors' Information:- S V INDUSTRIES PVT LTD [Strike Off] CIN = U27104WB1960PTC024715

Company & Directors' Information:- J INDUSTRIES PVT LTD [Strike Off] CIN = U18101OR1960PTC000388

Company & Directors' Information:- H V K NETWORK PRIVATE LIMITED [Strike Off] CIN = U74140DL1996PTC079365

Company & Directors' Information:- T & M INDUSTRIES LIMITED [Liquidated] CIN = U99999TN1956PLC002904

Company & Directors' Information:- INDUSTRIES (INDIA) PRIVATE LIMITED [Under Process of Striking Off] CIN = U51109BR1946PTC000228

Company & Directors' Information:- K INDUSTRIES LIMITED [Not available for efiling] CIN = U99999MH1946PTC005438

    CS(COMM). No. 594 of 2016

    Decided On, 28 February 2020

    At, High Court of Delhi

    By, THE HONOURABLE MR. JUSTICE PRATEEK JALAN

    For the Plaintiff: K.K. Khetan, Advocate. For the Defendants: None.



Judgment Text


(Oral)

1. The plaintiff herein, Super Cassettes Industries Private Limited, is inter alia in the business of production and marketing of music cassettes, compact discs ["CD"], etc., as also film production and distribution. It claims to be the owner of a large number of copyrights in music and literary works, films and sound recordings, including approximately 20,000 Hindi film songs and non-film songs, and around 50,000 songs in regional languages.

2. The business of the plaintiff is carried on inter alia through licenses to various organizations such as FM Radio Stations, Television Broadcasters, Multi-System Operators ["MSO"] and/or Cable Television Operators etc., for the use of its copyrighted works.

3. In this suit, the plaintiff alleges infringement of its copyright by the defendants, Prime Cable Network ["PCN"]. One Ajay Malik was originally named as the proprietor of PCN and arrayed as defendant no. 2. By an order dated 17.05.2016 passed by the Joint Registrar, Ajay Malik was deleted from the array of parties and one Sanjay Agarwal was subsequently impleaded as defendant no. 2.

4. The case made out in the plaint is that PCN carries on business as an MSO under the logo "Prime Time" and "Prime Digital". It is stated to be a large provider of ground cable network services in the State of Uttarakhand. The plaintiff's case is that PCN broadcasts and/or communicates the plaintiff's copyrighted sound recordings, the underlying lyrics, musical composition and the audio - visual works, to the public through its cable network. The plaintiff has specifically averred that PCN has not taken a license from it for this purpose, despite the plaintiff having alerted PCN to its licensing scheme. The plaintiff claims to have addressed a legal notice dated 21.07.2014, requesting PCN to obtain a license from the plaintiff, but to no avail.

5. An affidavit of an investigator, Mr.Arun Kumar was included with the plaint which, according to the plaintiff, shows significant use of the plaintiff's copyrighted material by PCN. The plaintiff has also placed on record a CD of PCN's broadcast, which confirms this position.

6. In these circumstances, the plaintiff claims infringement of its exclusive rights under various provisions of the Copyright Act, 1957 [hereinafter, "the Act"], and seeks an injunction as well as damages against the defendants. According to the plaintiff, the plaintiff has suffered losses of not just the amount of license fee, but also an erosion in the value and ability to exploit its investments. The plaint does not reveal the exact number of subscribers of PCN, but does state that it has "thousands of connections".

7. The plaintiff has instituted the present suit for the following reliefs:-

"37. The Plaintiff prays that this Hon'ble Court may be pleased to grant the following reliefs:

(i) An order of permanent injunction restraining the Defendants, their officers, servants, agents and representatives and all others acting for and on their behalf from either engaging in themselves or from authorizing, the recording, distributing, broadcasting, public performance / communication to the public or in any other way exploiting the cinematograph films, sound recordings and /or literary works (lyrics) and Musical works (musical composition) or other work or part thereof, that is owned by the Plaintiff including all works whereon the Plaintiff has shown its copyright under section 52A of the Copyright Act or doing any other act that would lead to infringement of the Plaintiffs copyright;

(ii) An order for rendition of accounts of profits directly or indirectly earned by the Defendants from their infringing activities and unlawful conduct, and a decree for the amount so found due to be passed in favour of the Plaintiff;

(iii) An order of delivery up to the Plaintiff or its authorized representative by the Defendants of all infringing tapes, copies and negatives, etc bearing the copyrighted materials of the Plaintiff;

(iv) An order requiring the Defendants to pay to the Plaintiff damages to the tune of Rs. 25,00,000/- towards past damages and further grant future damages along with pendente lite and future interest at the rate of 18% p.a. till the time the decretal amount is paid;

(v) An order awarding the costs of the present suit to the Plaintiff;

And

Any further orders as this Hon'ble Court deems fit and proper in the facts and circumstances of this case."

8. The suit was first listed on 13.10.2014, when summons were issued and an ex parte ad interim order was granted in favour of the plaintiff in the following terms:-

"11. Accordingly, the defendants, its officers, servants, agents and representatives are restrained from communicating the recordings to the public, distributing, broadcasting, public performance/communication to the public or in any other way exploiting the cinematograph films, sound recordings and/or literary works (lyrics) and musical works (musical composition) or other works or parts thereof that are owned by the plaintiff including all works whereon the plaintiff has shown its copyright under Section 52A of the Copyright Act or from doing any other act that would lead to infringement of the plaintiffs copyright, through its Ground Cable Network."

The ex parte ad interim order granted in favour of the plaintiff on 13.10.2014, was made absolute on 18.12.2019.

9. The orders of the Joint Registrar dated 21.01.2015 and 06.03.2017 record service of summons on PCN. Service on defendant no. 2 [impleaded by order dated 09.09.2016], by way of publication, was permitted by the Joint Registrar on 04.09.2017. However, despite service, the defendants did not enter appearance and the right to file a written statement on behalf of PCN and on behalf of defendant no. 2 was closed [vide orders of the Joint Registrar dated 22.08.2017 and 28.11.2017 respectively]. No appearance on behalf of the defendants having been entered, the plaintiff was directed to lead its evidence by order dated 12.03.2018.

10. The plaintiff led the evidence of two witnesses, Mr. S.K. Dutta [PW-1] and Mr. Sunil Puri [PW-2]. They filed affidavits of evidence dated 18.04.2018 [Ex. PW1/A] and 01.08.2018 [PW2/X], respectively. The witnesses were produced for recording of their evidence on 25.04.2019 and 06.12.2019, respectively. The documents mentioned in their affidavits of evidence were tendered as Ex. PW 1/1 to PW 1/11 and PW 2/1 to PW 2/2.

11. As far as the jurisdiction of this Court is concerned, the plaintiff has invoked the provisions of Section 62(2) of the Act. As required by the judgments of the Supreme Court in Indian Performing Rights Society Ltd. v. Sanjay Dalia & Anr. (2015) 10 SCC 161 and of this Court in Ultra Homes Construction Pvt. Ltd. v. Purrushottam Kumar Chaubey & Ors. 2016 SCC OnLine Del 376 [FAO(OS) 494/2015, decided on 20.01.2016], Mr. K. K. Khetan, learned counsel for the plaintiff, confirms that the plaintiff does not have an office within the jurisdiction where PCN is located, or within the jurisdiction where it serves its customers. I am therefore satisfied that this Court has jurisdiction to entertain this suit.

12. Mr. K.K. Khetan, learned counsel for the plaintiff, submits that the evidence placed on record has established the case made out in the plaint. However, he limits the quantum of damages sought by the plaintiff to Rs. 8.1 lakhs, on the basis of paragraph 47 of the affidavit of evidence on behalf of PW-1. Mr. Khetan draws my attention to several orders and judgments passed by this Court, whereby the plaintiff has been granted injunctive relief as well as damages, in similar facts and circumstances. These include the judgment dated 07.02.2018 in CS (Comm) 273/2018 [Super Cassettes Industries Pvt. Ltd. v. Home Cable Network Pvt. Ltd.], judgment dated 02.04.2018 in CS (Comm) 1161/2016 [Super Cassettes Industries Pvt. Ltd. v. Good Media News Pvt. Ltd.] and judgment dated 06.08.2018 in CS (Comm) 14/2015 [Super Cassettes Industries Pvt. Ltd. v. Sky Vision Digital Cable Network].

13. In view of the unrebutted evidence led by the plaintiff, I am of the view that the plaintiff is entitled to the relief sought.

14. In the course of evidence, PW-1 proved the copyright certificates in favour of the plaintiff for the songs "Munni Badnam Hui" and "Mit Jaye Gham"[Ex. PW 1/8 and Ex. PW 1/9, respectively] and the assignment deed of the film "Dabangg" [Ex. PW 1/10]. The legal notice dated date 21.07.2014 was also proved as PW 1/11. With regard to the quantification of damages, the affidavit of evidence of PW-1 states as follows:-

"44. I am advised to say that the Plaintiff is entitled to the following:

(a) Compensatory Damages;

(b) Exemplary damages;

(c) Conversion damages;

(d) Costs of the Proceedings.

45. I am further advised to say that as regard the grant of compensatory damages to the Plaintiff, the following variables are necessary, namely:-

(a) The period over which the infringing activity was being performed by the Defendant;

(b) The rate of the Plaintiff for cable operator license on monthly basis per connection;

(c) The number of connections that the Defendant has;

(d)The notion that for every subscriber that the Defendant has, the Plaintiff has lost the account and hence suffered a damage.

46. I say that, it is know that the Defendant in the present suit has 15,000 subscriptions as on date as per the information and knowledge collected by the investigator after surveying the area.

47. I say that the subscription rate of the Plaintiff per account is charged at INR 18 per month. Therefore, I further state that the losses for the approximate period of Three (03) months. In order to avoid any controversy the plaintiff is taking the number of connections for the purposes of damages as 15,000 subscriptions:

15,000 (Subscriptions) x 18 (Per month license fee) x 03 (No of months) = INR 8,10,000/- (Eight Lakhs Ten Thousand Only).

48. I am advised to say that section 58 of the Copyright Act, 1957, entitles the Plaintiff to conversion damages which would be the entire cost of the subscription. Therefore, 1 say that typically, the cost of a subscription channel would roughly be several hundred rupees, for example INR 700 per month for Tata Sky, INR 400 per month for Hathway Connections etc. Thus, 1 am advised to say that, if the conversion charges are to be granted by this Hon'ble Court, then the aforesaid figure would approximately rise to 500 x 15,000 = INR 75,00,000/- (Rupees Seventy Five Lakhs Only)."

15. PW-2 was the co-investigator who had accompanied Mr.Arun Kumar, the main investigator who made recordings of the infringing material. He gave evidence as to the CD/DVD recordings and details of the films/music broadcast by the defendants in violation of the plaintiff's copyright. The evidence in this regard was exhibited as Ex. PW 1/4 to Ex. PW 1/7, through the evidence of PW-1, which was reiterated by PW-2.

16. The

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exhibited documents include the CD/DVD recordings and the cue sheet thereof, as well as the screen-shots of the defendant's broadcast [Ex. PW 1/4 to Ex. 1/7]. The documents clearly establish the plaintiff's case of infringement by the defendants. The plaintiff's statement that the defendants have not obtained any license from the plaintiff is also unchallenged. It is therefore held that the defendants have infringed the plaintiff's rights under Sections 14(a)(iii), 14(a)(iv), 14(d)(iii) and 14(e)(iii) read with Section 51 of the Act. The plaintiff's evidence regarding quantification of damages to the extent of loss of license fee of Rs. 8.1 lakhs is also unrebutted. 17. A decree of permanent injunction is granted against the defendant and in favour of the plaintiff in terms of paragraph 37(i) of the plaint. The suit is also decreed in the sum of Rs. 8.1 lakhs in favour of the plaintiff and against the defendants. 18. The plaintiff is also entitled to actual costs in the suit including court fees and counsel fees. The plaintiff will file an affidavit in this regard within one week. 19. The decree sheet be prepared accordingly. 20. The suit and pending application(s) stand disposed of in these terms.
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