DANDI SALT PVT. LTD. Vs. UOI

JUDGEMENT

(1.) The petitioner has, by way of this petition, called into question orders dated 30.05.2011 and 24.08.2011 passed by the Deputy Registrar of Copyrights (Copyright Board).

(2.) Briefly stated, the objection filed by the petitioner against the application for registration of the copyright filed by respondent no.2 was rejected by the Registrar of Copyrights. The rejection of objection was challenged by the petitioner before the Copyright Board in an appeal under Section 72(1) of the Copyright Act, 1957, albeit, beyond the period of three months. The petitioner had also filed an application for condonation of delay. By an order dated 30.03.2011, the appeal preferred by the petitioner was dismissed by the Copyright Board on the ground that it was belated and beyond the period of three months prescribed under section 72(1) of the Act, 1957 (hereinafter referred to as the 'Act').

(3.) The petitioner was aggrieved by the dismissal of the appeal and filed an application seeking a review of the order dated 31.03.2011 alleging that its application for condonation of delay was not considered by the Copyright Board. By an order dated 30.05.2011, the Deputy Registrar of Copyrights dismissed the said application of review on the ground that the same is not maintainable. The petitioner did not accept this decision and once again applied for review to be placed before the Copyright Board. The Deputy Registrar, by its letter dated 24.08.2011, once again rejected the petitioner's application stating that the matter was re-examined and the order dated 30.05.2011, which now was referred to as "a decision taken by the Board", was re-affirmed. It was further stated that there is no provision of appeal/revision under the Act and the rules made thereunder against the order passed by the Copyright Board in an appeal.