RADIO ONE LIMITED Vs. PHONOGRAPHIC PERFORMANCE LTD

JUDGEMENT

(1.) The appeal before the Court arises from an order of a learned Single Judge dated 9 May 2012. The appeal is by the original Defendant. The Plaintiff has filed cross-objections. For convenience of reference, it would be appropriate to refer to the parties by their appellations in the suit.

(2.) In 2011, Radio One Limited, the Defendant, secured a licence for an FM Radio station in Mumbai. The Plaintiff, Phonographic Performance Ltd., apprehending that the Defendant would exploit the sound recordings in the repertoire of the Plaintiff filed a suit1 for an injunction which is pending on the Original Side of this Court. A Notice of Motion2 was filed in the suit.

(3.) On 1 March 2002, citing the tariff of the Plaintiff as excessive, the Defendant approached the Copyright Board for grant of a compulsory licence under Section 31(1)(b) of the Copyright Act, 1957. The Copyright Board disposed of the complaint on 19 November 2002 by which the rate of royalty was fixed at Rs.661/- per needle hour of broadcasting. Statutory appeals were filed before this Court both by the Plaintiff and by the Defendant against the order of the Copyright Board. On 10 December 2003, the parties arrived at an interim consensual arrangement in the Notice of Motion which was to remain effective pending the hearing and final disposal of the appeals before this Court. On 13 April 2004 this Court disposed of the appeals by setting aside the order of the Copyright Board dated 19 November 2002. Special Leave Petitions were filed against the order of this Court. Since the interim arrangement recorded in the Consent Terms came to an end, a Motion was filed by the Plaintiff in the suit before this Court. By an order dated 21 July 2005, this Court made a previous order dated 8 August 2002 operative against the Defendant. Under the order, the Defendant was to deposit an ad hoc advance amount every month until the 1 Suit No.3752 of 2001 2 Notice of Motion No.2846 of 2003 final orders in the suit and/or the decision of the Board; the amount of the advance was to be adjusted against the dues of the Plaintiff and a guarantee was to be furnished and kept alive pending the hearing and final disposal of the suit or till further orders.