SUPER AUDIO MADRAS PVT LTD Vs. ENTERTAINMENT NETWORK

JUDGEMENT

(1.) All the miscellaneous petitions are filed by the Petitioners as "aggrieved persons", seeking permission of this Court to file appeals, as against the order dated 25.08.2010 passed by the Copyright Board, New Delhi, in the complaints filed by the 1st Respondent in these appeals as against the 2nd Respondent Copyright Society.

(2.) There are two sets of petitions before this Court; of which, one set of petitions filed in CMA. SR. Nos. 95165 to 95173 of 2010 are filed by M/s. Super Audio Madras Private Limited, who is the member of the 2nd Respondent Copyright Society and another set of petitions in CMA. SR. Nos. 95829 to 95832 of 2010 are filed by The South Indian Music Companies Association (SIMCA), which is registered under the Societies Registration Act, on behalf of its members. Neither the Super Audio Madras Private Limited nor the SIMCA was a party to the impugned proceedings before the Copyright Board and hence, the present miscellaneous petitions are filed, seeking permission of this Court to challenge the order dated 25.08.2010 passed by the Copyright Board as they are the "aggrieved persons".

(3.) According to the Petitioners in both sets of miscellaneous petitions, Section 72(2) of the Copyright Act (in short 'the Act') gives a right to them to file an appeal because this Section envisaged 'any person aggrieved by any final decision or order of the Copyright Board may, within three months from the date of such decision or order, appeal to the High Court within whose jurisdiction the Appellant(s) actually and voluntarily resides or carries on business or personally works for gain. These petitions are opposed by the respective 1st Respondent, who are the broadcasters.