LAWS(CAL)-2013-9-66

ASHA AUDIO CO. Vs. OM PRAKASH SONIK

Decided On September 27, 2013
Asha Audio Co. Appellant
V/S
Om Prakash Sonik Respondents

JUDGEMENT

(1.) FACTS:

(2.) The respondent No. 4 Indian Performing Right Society Limited is a company working inter-alia in the field of music looking after the interest of the creative people in the field of music like lyricist, composer, Music Company and others connected with the industry. On analysis of the facts we find, there was discontent and discord between the members of the society that resulted in various litigations. The present litigation was said to be an attempt to thwart a Government action in the guise of a so-called fight between two members on the one side and the society and others on the other side. If we look to the plaint, we would find, the plaintiffs being two music companies were dissatisfied with the performance of the management of the society. They filed a suit in this Court inter-alia complaining of mismanagement, dereliction of duty by the people having management and control. They complained, there was no proper election for years together in the Board. The present management was involved in wrongful acts. They were supposed to pay royalties to the members. Similar suits were also filed in various other subordinate Court. The recent controversy would relate to an alleged grievance sought to have been raised against the society. In effect, it was rather an attempt to stall the measures that the Central Government had started taking against the society.

(3.) LIS: