IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15TH DAY OF APRIL 2019 BEFORE THE HON’BLE MR.JUSTICE B. VEERAPPA WRIT PETITION NO.58107 OF 2018 (GM-CPC) BETWEEN:
M/S. NOVEX COMMUNICATIONS PVT. LTD.
A COMPANY REGISTERED UNDER THE PROVISIONS OF THE COMPANIES ACT,1956 HAVING ITS REGISTERED OFFICE AT DOOR NO.B-301/304 NO.9, REMI BIZ COURT VEERA DESAI RAOD ANDHERI WEST, MUMBAI MAHARASHTRA-400 058 REPRESENTED BY ITS AUTHORISED SIGNATORY ALSO AT NO.177/20 49TH CROSS 3RD BLOCK RAJAJINAGAR BENGALURU-560 010. ... PETITIONER (BY SMT. NIDHISHREE B.V., ADV.) AND 1. B-HIVE A UNIT OF RN SQUARE #43/B, 1ST MAIN 1ST BLOCK KORAMANAGALA JAKKASANDRA MAIN ROAD NEAR WIPRO PARK BENGALURU-560 034 REPRESENTED BY ITS AUTHORIZED SIGNATORY.
2. GILLY’S RESTOBAR A UNIT OF GAG ASSOCIATES 91, JYOTI NIVAS COLLEGE ROAD 5TH BLOCK KORAMANGALA BENGALURU-560 034 REPRESENTED BY ITS AUTHORIZED SIGNATORY 3. TILT GASTRO LOUNGE A UNIT OF PEPPERS AND SPIRITS NO.99, GROUND FLOOR 4TH B CROSS ROAD 5TH BLOCK KORAMANGALA BENGALURU-560 095 REPRESENTED BY ITS AUTHORIZED SIGNATORY 4. NO LIMMITS LOUNGE AND CLUB A UNIT OF SAI CHARAN HOLDINGS 8, 2ND FLOOR ALLIED GRANDE PLAZA MAGRATH ROAD ABOVE NALLI SILKS DIAGONALLY OPPOSITE GARUDA MALL, NEAR MG ROAD BENGALURU-560 025 REPRESENTED BY ITS AUTHORIZED SIGNATORY 5. THE BOOZY GRIFFIN /BLACK PEARL A UNIT OF BENGALURU BLUES ENTERTAINMENT INDIA PRIVATE LIMITED NO.105, 1ST ‘A’ CROSS ROAD KORAMANGALA 5TH BLOCK KORAMANGALA BENGALURU-560 095 REPRESENTED BY ITS DIRECTOR.
6. BOTTLE AND GLASS A UNIT OF VANI ENTERPRISES PRIVATE LIMITED NO.276, 2ND FLOOR 100FT. ROAD, DEFENCE COLONY INDIRANAGAR, BENGALURU-560 038 REPRESENTED BY ITS DIRECTOR 7. LOVE SHACK NO.541-543, 5TH FLOOR AMARJYOTI HBBCS LAYOUT KORAMANGALA INTERMEDIATE RING ROAD DOMLUR, BENGALURU-560 070.
REPRESENTED BY IS MANAGER 8. XTREME SPORTS BAR A UNIT OF BLUE OCEAN HOSPITALITY PRIVATE LIMITED NO.765, 4TH FLOOR ANZ FAMILY TRUST 100 FEET ROAD HAL 2ND STAGE INDIRA NAGAR BENGALURU-560 038 REPRESENTED BY ITS DIRECTOR 9. XTREME SPORTS BAR A UNIT OF SURYA RAY ELIXIRS PRIVATE LIMITED NO.75, PLAY ARENA CENTRAL JAIL ROAD SARJAPUR MAIN RD KASAVANAHALLI BENGALURU-560 035 REPRESENTED BY ITS DIRECTOR.
10. 55 WALL STREET A UNIT OF AUXESIA INDIA PVT. LTD. NO.52, 60 FEET RD 5TH BLOCK KORAMANGALA BENGALURU-560 047 REPRESENTED BY ITS DIRECTOR.
11. HEAD O STATE A UNIT OF HNS HOTELS PRIVATE LIMITED NO.100 FEET RD HAL 2ND STAGE INDIRANAGAR BENGALURU-560 008 REPRESENTED BY ITS DIRECTOR 12. THE WAREHOUSE A UNIT OF K P GROUPS NO.3, 80 FEET ROAD INDIRANAGAR 1ST STAGE H COLONY INDIRANAGAR BENGALURU-560 075 REPRESENTED BY ITS AUTHORIZED SIGNATORY 13. PEBBLE -THE JUNGLE LOUNGE PRINCESS ACADEMY PALACE GROUNDS 9 BELLARY RD JAYAMAHAL BENGALURU-560 080 REPRESENTED BY ITS AUTHORIZED SIGNATORY 14. BIG PITCHER A UNIT OF FOODALE INDIA PRIVATE LIMITED L R ARCADE HAL OLD AIRPORT RD HAL 2ND STAGE WARD 88 BENGALURU-560 008 REPRESENTED BY ITS DIRECTOR 15. SHRAAB FACTORY/CHAARCOAL #3, 6TH FLOOR SOUL SPACE SPIRIT BENGALURU CENTRAL MALL BELLANDUR BENGALURU-560 103 RERPESETNED BY ITS AUTHORIZED SIGNATORY 16. ON 4 GASTRO PUB A UNIT OF V4 LEISURE AND LUXURIES 122/A, OPPOSTIE HOTEL EMPIRE KHB COLONY, 5TH BLOCK KORAMANGALA BENGALURU-560 095 RERPESETNED BY ITS AUTHORIZED SIGNATORY 17. OUTPUT/THE BREW & BARBEQUE A UNIT OF SAMRUDDHI ENTERPRISES PRIVATE LIMITED NO.36/5, SOULSPACE ARENA MALL 4TH FLOOR, OUTER RING ROAD DODDANEKUNDI BENGALURU-560 037 REPRESENTED BY ITS DIRECTOR 18. BOLD A UNIT OF ACE ENTERPRISES LEVEL 3, MARATHAHALLI VILLAGE MARATHAHALLI BENALURU-560 037 REPRESETNED BY ITS AUTHORIZED SIGNATORY 19. THE PALLET BREWHOUSE & KITCHEN A UNIT OF SPOONABILITY LLP HVP CREST, ITPB MAIN RD THIGALARAPALYA WHITEFIELD BENGALURU-560 048 REPRESETNED BY ITS DESIGNATED PARTENRS 20. CONFORT INN SYS (INHOUSE PUB) A UNIT OF ARMUGAM HOTELS AND RESORTS PRIVATE LIMITED, NO.46, 1ST MAIN ROAD GOKULA 1ST STAGE NANJAPPA REDDY COLONY MATHIKERE, BENGALURU KARNATAKA-560 054 REPRESENTED BY ITS DIRECTOR.
21. VAPOUR PUB & BREWERY A UNIT OF ZOODLE HOSPITALITY AND CONSULTING PRIVATE LIMITED NO.773, 100 FEET RD HAL 2ND STAGE, DOOPANAHALLI INDIRANAGAR BENGALURU-560 038 REPRESENTED BY ITS DIRECTOR 22. AREA 78 A UNIT OF MAROON FOX VENTURES NO.4, SAI ARCADE WILSON GARDEN SOCIETY LAYOUT KOTHNUR MAIN ROAD J P NAGAR, 7TH PHASE BENGALURU-560 078 REPRESENTED BY ITS AUTHORIZED SIGNATORY 23. ALOFT A UNIT OF URBANEDGE HOTELS PRIVATE LIMITED NO.135, RESIDENCY ROAD SHANTHALA NAGAR ASHOK NAGAR BENGALURU-560 025 REPRESENTED BY ITS DIRECTOR 24. CHANCERY PAVILION A UNIT OF ELIXIR ENTERPRISES AND HOTELS PRIVATE LIMITED, NO.135, RESIDENCY RD SHANTHALA NAGAR ASHOK NAGAR BENGALURU-560 025 REPRESENTED BY ITS DIRECTOR.
25. LE MERIDIEN A UNIT OF MAC CHARLES INDIA LIMITED NO.174, NO.28, SANKEY RD P B VASANTH NAGAR BENGALURU-560 052 REPRESENTED BY ITS DIRECTOR 26. DOUBLE TREE SUITES BY HILTON A UNIT OF SURAJ INN PRIVATE LIMITED SARJAPUR MAIN RD AMBLIPURA, PWD QUARTERS 1ST SECTOR, HSR LAYOUT BENGALURU-560 102.
REPRESENTED BY ITS DIRECTOR 27. PHOENIX MARKETCITY BENGALURU A UNIT OF PHOENIX MILLS LIMITED WHITEFIELD MAIN ROAD MAHADEVPURA, BENGALURU KARNATAKA-560 048 REPRESENTED BY ITS DIRECTOR.
28. NOVOTEL BENGALURU A UNIT OF AAPC INDIA HOTEL MANAGEMENT PVT. LTD (ACCOR HOTELS INDIA) OPPOSITE RMZ ECOSPACE BUSINESS PARK MARATHAHALLI -SARJAPUR OUTER RING RD BENGALURU-560 103 REPRESENTED BY ITS DIRECTOR.
29. COUNTRY INN & SUITES BY RADISSON A UNIT OF WADHAWAN HOLDINGS PRIVATE LTD. PLOT NO.345/A, HEBBAL INDUSTRIAL AREA NEAR INFOSYS CAMPUS MYSURU-570 016 REPRESENTED BY ITS DIRECTOR.
30. THE WINDFLOWER RESORTS & SPA MAHARANAPRATAP ROAD NAZARBAD, MYSURU-570 010 REPRESENTED BY ITS AUTHORISED SIGNATORY 31. SILENT SHORES RESORTS & SPA NO.85-87, BEML ROAD HOOTAGALLI, MYSURU-570 018 REPRESENTED BY ITS AUTHORISED SIGNATORY.
... RESPONDENTS (BY SRI. JEEVAN K., ADV. FOR R1 SRI. N. SHASHI BHUSHAN, ADV. FOR R2, R3 AND R19 SRI. GURURAJ DESHPANDE, ADV. FOR R8 SRI. AZHAR MEER, ADV. FOR R13 SRI. RAKESH BHATT, ADV. FOR R20 SRI. SRINANDAN K., ADV. FOR SRI. BADRI VISHAL, ADV. FOR R26 SRI. B.S. SATYANAND, ADV. FOR R24 AND R25 SRI. M.V. SUDARA RAMAN, ADV. FOR R27 SRI. SATYAM RATHORE, ADV. FOR R28 SRI. S. RUPESH KUMAR, ADV. FOR R31 R4, R5, R6, R7, R9, R11, R12, R15, R16, R17, R18, R29 AND R30 ARE SERVED BUT UNREPRESENTED) THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE ORDER DTD 21.12.2018 VIDE ANNX-A OF THE COURT OF THE XVIII ADDL. CITY CIVIL AND SESSIONS JUDGE, BENGALURU CITY (CCH 10), BENGALURU PASSED ON INTERLOCUTORY APPLICATION NO.1 IN O.S.NO.9152/2018 FILED BY THE PETITIONER, IN SO FAR AS IT REFUSED TO GRANT AD INTERIM INJUNCTION.
THIS WRIT PETITION COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R The plaintiff has filed the present writ petition against the order dated 21.12.2018 issuing emergent notice on I.A.No.1 and suit summons to the defendants returnable by 14.1.2019 thereby virtually refusing to grant temporary injunction.
2. The plaintiff filed the suit for permanent injunction restraining the defendants, their partners, directors, their servants, employees, agents, assignees, licensees, representatives and/or any persons claiming through or under them or acting on their behalf, from publicly performing in any manner or communicating the sound recordings/musical composition of the songs assigned to the plaintiff or allowing their premises or any premises under their control to be used for the said purposes, without due license from the plaintiff, or otherwise infringing copyright in any work owned and protected by the plaintiff on behalf of M/s.Zee Entertainment Enterprises Limited, M/s.Eros International Media Limited and M/s. TIPS Industries Limited and for mandatory injunction directing the defendants to forthwith return to the plaintiff any/all sound recordings in their possession relating to the copyrighted materials owned and protected by the plaintiff on behalf of M/s.Zee Entertainment Enterprises Limited, M/s. Eros International Media Limited and M/s.TIPS Industries Limited urging various contentions. An application was filed for temporary injunction reiterating the plaint averments.
3. The trial Court by a detailed order dated 21.12.2018 was of the considered opinion that there are no grounds to dispense with the notice under Order 39 Rule 3 and the urgency in the matter and as such issued emergent notice on I.A.No.1 and suit summons to the defendants returnable by 14.1.2019 without considering the application filed for temporary injunction. Hence, the present petition is filed.
4. Smt.Nidhishree.B.V. learned counsel for the plaintiff vehemently contended that in view of the urgency the plaintiff filed the suit along with an application for temporary injunction. The trial Court ought to have considered the said application. Instead the trial Court has issued emergent notice and suit summons to the defendants and thereby it has refused to grant ad-interim order restraining the respondents from infringing the copy right of the petitioner as sought for in I.A.No.I. Further, it is contended that it is the duty of the trial Court to consider the said application and pass orders. However, the same has not been done. Therefore, she has sought to allow the writ petition.
5. Per contra, Sri.B.S. Satyanand, learned counsel for respondents 24 and 25 has filed an application for vacating the interim order granted by this Court. Sri.Jeevan.K., learned counsel for respondent No.1, Sri. Shashi Bhushan, learned counsel for respondents 2, 3 and 19; Sri.Guuraj Deshpande, learned counsel for Respondent No.8; Sri.Azhar Meer, learned counsel for respondent No.13, Sri.Rakesh Bhatt, learned counsel for respondent No.20; Sri.Srinandan.K., learned counsel for Sri.Badi Visha, learned counsel for respondent No.26; Sri.M.V. Sudara Raman, learned counsel for R-27; Sri.Satyam Rathore, learned counsel for R-28 and Sri.S. Rupesh Kumar, learned counsel for respondent No.31 have sought to justify the impugned order passed by the trial Court.
6. Having heard the leaned counsel for the parties, it is an undisputed fact that plaintiff filed the suit for permanent injunction restraining the defendants from infringing copy right of the petitioner as sought for in I.A.No.1 as well as in the main petition. However, the trial Court has not considered the application for temporary injunction. It is now brought to the notice of this Court by Sri.B.S. Satyanand, learned counsel for respondents 24 and 25 that he has already filed written statement and also objections to I.A.No.1. However, the other defendants have not yet filed their objections. If they are already served with summons from the Court, it is their duty to file written statement/objections within the time stipulated under the provisions of the C.P.C. It is also brought to the notice of this Court that the matter is posted on 26.04.2019. If the other respondents-defendants are intending to file their written statement/objections to the I.A., they have to do so prior to that date as contemplated. It is needless to state that respondents 10, 14, 21, 22 and 23, who are already served with summons by the trial Court are also given liberty to file their objections, if any, on or before 26.04.2019.
7. The trial Court is directed to consider the application and objections, if any and pass appropriate orders on I.A.No. 1 for temporary injunction as contemplated under Order 39 Rule 3A of CPC. Accordingly, this writ petition is disposed of.
8. It is made clear that the interim order granted by this Court shall enure to the benefit of the plaintiff till 26.04.2019.
Ordered accordingly.
Sd/- JUDGE *alb/-