VODAFONE IDEA LIMITED Vs. SAREGAMA INDIA LIMITED

JUDGEMENT

(1.) Mr. Anindya Mitra, learned senior advocate submits with reference to prayers in Notice of Motion that prayer (b) concerns his client. The prayer is reproduced below:-

(2.) He submits, this prayer is illegal. He relies on a Division Bench judgment of this Court in Indian Bank Versus Euro International Pte Ltd. reported in AIR 1999 Cal 200, paragraphs 11 to 18. Order of injunction restraining defendants from initiating proceedings on basis of bills of exchange, even in Courts of coordinate or superior jurisdiction, was found to be bad and without jurisdiction. The Division Bench relied on judgment of Supreme Court in Cotton Corporation of India Versus United Industrial Bank reported in AIR 1983 SC 1272, in regard to section 41(b) of Specific Relief Act, 1963.

(3.) He submits, interim order in terms of prayer (b) should be vacated as that is bad in law and also amounts to grant of compulsory licence. He relies on section 16 and 31 of Copyright Act, 1957, regarding copyright or any similar right in any work as can only be had under and in accordance with provisions of the Act. Clause (b) in sub-section (1) of section 31 is clear in this applying to sound recording.