SUPER CASSETTES INDUSTRIES LTD Vs. PUNIT GOENKA

JUDGEMENT

(1.) BY this order, I shall dispose of plaintiff's application under Order XXXIX Rules 1 and 2 of Code of Civil Procedure, 1908 being I.A. No. 5670/2009 and IA No. 8067/2009 filed by the defendants under Order I Rule 10 of Code of Civil Procedure, 1908 for deletion of the name of defendant No. 1 from the array of the parties.

(2.) THE plaintiff has filed the present suit for permanent injunction restraining the infringement of copyrights in the sound recordings (audio or visual), musical works and cinematograph works (which also include visual songs or sound recordings) owned by the plaintiff. The brief factual matrix can be summarized in the following manner:

(3.) THE plaintiff supports its claims of having built up a repertoire of music and its contribution towards the music industry by boasting of several music artists who have been introduced by it in the industry. The said names have been given in paragraph 5 of the plaint which are as follows: Anuradha Paudwal, Sonu Nigam, Udit Narayan, Kumar Sanu, Abhijit, Hans Raj Hans, Harbhajan Mann, Adnan Sami, Sadhana Sargam, Bela Sulakhe, Surjit Bindrakhiya, Satvinder Bitti, Bhagwant Mann, Shankar Sahani, Kumar Nishu, guddu Rangila, Manoj Tiwari, Bharat Sharma Vyas, Madan Rai, Kalpana, Radheshyam Rasia, Amrita Virk and Babbu Mann.