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4/2020/Cr/Nz Op (Sec-31D) Delhi Registry –Cum-Bench G-62 to 67 & 196 to 204, August KrantiBhawan, BhikajiCama Place, New Delhi – 110 066 OP (SEC-31D)/3/2020/CR/NZ OP (SEC-31D)/4/2020/CR/NZ OP (SEC-31D)/1/2020/CR/NZ OP (SEC-31D)/2/2020/CR/NZ OP (SEC-31D)/5/2020/CR/NZ OP (SEC-31D)/6/2020/CR/NZ OP (SEC-31D)/7/2020/CR/NZ OP (SEC-31D)/8/2020/CR/NZ OP (SEC-31D)/9/2020/CR/NZ OP (SEC-31D)/1/2020/CR/WZ THURSDAY,THIS THE 31 st DAY OF DECEMBER, 2020 HON’BLE SHRI JUSTICE MANMOHAN SINGH CHAIRMAN HON'BLE SHRI N. SURYA SENTHIL TECHNICAL MEMBER (COPYRIGHT) HON'BLE SHRI S.P. CHOCKALINGAM TECHNICAL MEMBER (COPYRIGHT) 1. OP (SEC-31-D)/3/2020/CR/NZ MUSIC BROADCAST LIMITED 5TH FLOOR, RNA CORPORATE PARK, OFF WESTERN EXPRESS HIGHWAY KALANAGAR, BANDRA (EAST), MUMBAI - 400 051 ALSO AT: 203, OKHLA INDUSTRIAL ESTATE, PHASE III, NEW DELHI - 110 020 …APPLICANT/APPELLANT (Represented by: Dr. Abhishek Manu Singhvi Sr. Advocate, with Mr. Sagar Chandra, Mr. Avishkar Singhvi, Ms. Surabhi Iyer, Mr. Madhvi Khanna, Ms. Shubhie Wahi, Mr. Raghu Vinay ak Sinha & Ms. Garima Raonta – Advocates) Versus 1. TIPS INDUSTRIES LTD 601, DURGA CHAMBERS, 6TH FLOOR, LINKING ROAD, KHAR (WEST), MUMBAI - 400 052 2. EROS INTERNATIONAL FILMS PRIVATE LIMITED 201, KAILASH PLAZA, PLOT NO. A-12, OPP LAXMI INDUSTRIAL ESTATE, LINK ROAD, ANDHERI (WEST), MUMBAI - 400 053 Page 1 of 234 3. PHONOGRAPHIC PERFORMANCE LIMITED INDIA CRESENT TOWERS, 7TH FLOOR, B-68, VEERA ESTATE, OFF NEW LINK ROAD, ANDHERI (WEST), MUMBAI - 400 053, AND AT: A-46, GROUND FLOOR, DEFENCE COLONY, NEW DEHLI - 100 024 4. SAREGAMA INDIA LIMITED 33 JESSORE ROADDUM DUM KOLKATA - 700 028 AND AT: A-62, 1ST FLOOR, FIEE COMPLEX, OKHLA INDUSTRIAL AREA, PHASE - II, NEW DELHI - 110 020 5. SONY MUSIC ENTERTAINMENT PVT. LTD. RAHEJA CENTRE, 92 MAIN AVENUE, LINKING ROAD, SANTACRUZ (WEST) MUMBAI - 400 054 6. SUPER CASSETTES INDUSTRIES PRIVATE LIMITED E-2/16, WHITE HOUSE, ANSARI ROAD, DARYAGANJ, NEW DEHLI - 110 002 ALSO AT: PLOT NO. 1, SECTOR 16 A, FILM CITY, NOIDA, U.P 7. THE INDIAN PERFORMING RIGHTS SOCIETY LIMITED GOLDEN CHAMBERS, NEW ANDHERI LINK ROAD, ANDHERI (WEST) MUMBAI - 400 053 …RESPONDENTS Represented by – TIPS INDUSTRIES LIMITED Mr. Harsh Kaushik, Mr. Abhay Chattopadhyay, Ms. Anushree Rauta, Ms. Parul Sharma, Mr. Navankur Pathak and Ms. Pranita Saboo & Ms. Astha Pandey – Advocates EROS INTERNATIONAL MEDIA LTD Mr Neel Mason, Ms Ridhima Pabbi, Mr Vihan Dang, Mr Uday S Chopra, Ms Sanyukta Banerjie, Ms Ekta Sharma, Mr Shivang Sharma, Ms Ramya Ramkumar and Ms Megha Sharma – Advocates PHONOGRAPHIC PERFORMANCE LIMITED Mr. Parag P. Tripathy, Senior Advocate, with Mr. Pragyan Sharma, Mr. Neeraj K Gupta Mr. Liliaan Daas, Mr. Eeshan Pandey & Gurnoor Kaur. SAREGAMA INDIA LIMITED Mr. Akhil Sibal, Senior Advocate, with Mr Ankur Sangal, Ms. Sucheta Roy and Mr. Shantanu Rawat – Advocates SONY MUSIC ENTERTAINMENT PVT. LTD. Mr. Virag Tulzapukar Senior Advocate, with Mr. Amit Jamsandekar, Mr. Rishi Agarwal, Mr. Vaibhav Shukla, Ms. Vinita Muley, Ms. Niyati Kohli & Megha Bengani – Advocates SUPER CASSETTES INDUSTRIES PRIVATE LIMITED Mr. Amit Sibal, Senior Advocate, with Mr Neel Mason, Ms Ridhima Pabbi, Mr Vihan Dang, Mr Uday S Chopra, Ms Sanyukta Banerjie, Ms Ekta Sharma, Mr Shivang Sharma, Ms Ramya Ramkumar and Ms Megha Sharma – Advocates Page 2 of 234 INDIAN PERFORMING RIGHTS SOCIETY LTD. Mr. Saikrishna Rajagopal, Advocate, with Mr. Amit Dutta,Mr. Himanshu Bagai, Ms Deepshikha Sarka, Ms Pallavi Sondhi, Mr. Vivek Prasad, Ms. Namrata Dubey, Advocates and Mr. Javed Akhtar, well-known author&lyricist in person. ------------------ 2. OP (SEC-31-D)/4/2020/CR/NZ ENTERTAINMENT NETWORK (INDIA) LIMITED PLOT NO. 6/F-6, 3RD FLOOR, SECTOR 16-A, FILM CITY, NOIDA - 201 301 REGSITERED AT: MATULYA CENTRE, 4TH FLOOR, 'A' - WING, SENAPATI BAPAT MARG, LOWER PAREL (WEST), MUMBAI - 400 013 …APPLICANT/APPELLANT (Represented by: Mr. Neeraj Kishan Kaul, Senior Advocate, with Mr. Abhishek Malhotra, Ms. Shilpa Gamnani, Ms. Atmaja Tripathy, Ms. Sneha Herwade, Mr Gurmukh Choudhri & Ms. Sanya Dua – Adv ) Versus 1. PHONOGRAPHIC PERFORMANCE LIMITED INDIA CRESENT TOWERS, 7TH FLOOR, B-68, VEERA ESTATE, OFF NEW LINK ROAD, ANDHERI (WEST), MUMBAI - 400 053, AND AT: A-46, GROUND FLOOR, DEFENCE COLONY, NEW DEHLI - 100 024 2. TIPS INDUSTRIES LTD 601, DURGA CHAMBERS, 6TH FLOOR, LINKING ROAD, KHAR (WEST), MUMBAI - 400 052 3. SAREGAMA INDIA LIMITED 33 JESSORE ROADDUM DUM KOLKATA - 700 028 AND AT: A-62, 1ST FLOOR, FIEE COMPLEX, OKHLA INDUSTRIAL AREA, PHASE - II, NEW DELHI - 110 020 4. SONY MUSIC ENTERTAINMENT PVT. LTD. RAHEJA CENTRE, 92 MAIN AVENUE, LINKING ROAD, SANTACRUZ (WEST) MUMBAI - 400 054 5. THE INDIAN PERFORMING RIGHTS SOCIETY LIMITED GOLDEN CHAMBERS, NEW ANDHERI LINK ROAD, ANDHERI (WEST) MUMBAI - 400 053 …RESPONDENT S Page 3 of 234 Represented by – PHONOGRAPHIC PERFORMANCE LIMITED Mr. Parag P. Tripathy, Senior Advocate, with Mr. Pragyan Sharma, Mr. Neeraj K Gupta Mr. Liliaan Daas, Mr. Eeshan Pandey & Gurnoor Kaur. TIPS INDUSTRIES LIMITED Mr. Harsh Kaushik, Mr. Abhay Chattopadhyay, Ms. Anushree Rauta, Ms. Parul Sharma, Mr. Navankur Pathak and Ms. Pranita Saboo & Ms. Astha Pandey – Advocates SAREGAMA INDIA LIMITED Mr. Akhil Sibal, Senior Advocate, with Mr Ankur Sangal, Ms. Sucheta Roy and Mr. Shantanu Rawat – Advocates SONY MUSIC ENTERTAINMENT PVT. LTD. Mr. Virag Tulzapukar Senior Advocate, with Mr. Amit Jamsandekar, Mr. Rishi Agarwal, Mr. Vaibhav Shukla, Ms. Vinita Muley, Ms. Niyati Kohli & Megha Bengani – Advocates INDIAN PERFORMING RIGHTS SOCIETY LTD. Mr. Saikrishna Rajagopal, Senior Advocate, with Mr. Amit Dutta,Mr. Himanshu Bagai, Ms Deepshikha Sarka, Ms Pallavi Sondhi, Mr. Vivek Prasad, Ms. Namrata Dubey, Advocates& Mr. Javed Akhtar,well-known author & lyricist in person --------------------- 3. OP (SEC-31-D)/1/2020/CR/NZ RAJASTHAN PATRIKA PRIVATE LIMITED KESAR GARH, JAWAHARLAL NEHRU, JAIPUR - 302 004 RAJASTHAN, INDIA …APPLICANT/APPELLANT (Represented by: Mr. Neeraj Kishan Kaul, Senior Advocate, with Mr. Abhishek Malhotra, Ms. Shilpa Gamnani, Ms. Atmaja Tripathy, Ms. Sneha Herwade, Mr Gurmukh Choudhri & Ms. Sanya Dua – Adv ) Versus 1. PHONOGRAPHIC PERFORMANCE LIMITED INDIA CRESENT TOWERS, 7TH FLOOR, B-68, VEERA ESTATE, OFF NEW LINK ROAD, ANDHERI (WEST), MUMBAI - 400 053, AND AT: A-46, GROUND FLOOR, DEFENCE COLONY, NEW DEHLI - 100 024 2. SAREGAMA INDIA LIMITED 33, JESSORE ROADDUM DUM, KOLKATA - 700 028, WEST BENGAL 3. SONY MUSIC ENTERTAINMENT INDIA PVT. LTD. RAHEJA CENTRE, 92 MAIN AVENUE, LINKING ROAD, SANTACRUZ (WEST) MUMBAI - 400 054 Page 4 of 234 4. ZEE ENTERTAINMENT ENTERPRISES LIMITED 18TH FLOOR, A WING, MARATHON FUTUREX, N M JOSHI MARG, LOWER PAREL, MUMBAI - 400 013 5. SUPER CASSETTES INDUSTRIES PRIVATE LIMITED E-2/16, ANSARI ROAD, DARYA GANJ, NEW DELHI - 110 002 6. YESH RAJ FILMS PRIVATE LIMITED 5, SHAH INDUSTRIES ESTATE, OFF VEERA DESAI ROAD, ANDHERI (WEST), MUMBAI - 400 053 7. TIPS INDUSTRIES LIMITED 601, DURGA CHAMBERS, 6TH FLOOR, OPP. B.P.L. GALLARY 278/E, LINKING ROAD, KHAR (WEST), MUMBAI - 400 052 8. EROS INTERNATIONAL FILMS PRIVATE LIMITED 201, KAILASH PLAZA, PLOT NO. A-12, OPP LAXMI INDUSTRIAL ESTATE, LINK ROAD, ANDHERI (WEST), MUMBAI - 400 053 9. TIMES MUSIC/JUNGLEE MUSIC 10. A DIVISION OF BENNETT COLEMAN & COMPANY LIMITED TIME OF INDIA BUILDING, DR. DADA BHOY NEOROJI ROAD, MUMBAI - 400 001 …RESPONDENTS Represented by – PHONOGRAPHIC PERFORMANCE LIMITED Mr. Parag P. Tripathy, Senior Advocate, with Mr. Pragyan Sharma, Mr. Neeraj K Gupta Mr. Liliaan Daas, Mr. Eeshan Pandey & Gurnoor Kaur. SAREGAMA INDIA LIMITED Mr. Akhil Sibal, Senior Advocate, with Mr Ankur Sangal, Ms. Sucheta Roy and Mr. Shantanu Rawat – Advocates SONY MUSIC ENTERTAINMENT PVT. LTD. Mr. Virag Tulzapukar Senior Advocate, with Mr. Amit Jamsandekar, Mr. Rishi Agarwal, Mr. Vaibhav Shukla, Ms. Vinita Muley, Ms. Niyati Kohli & Megha Bengani – Advocates ZEE ENTERTAINMENT ENTERPRISES LTD. Mr. Hemant Singh, Senior Advocate, with Ms. Mamta Jha, Mr. Vipul Tiwari & Mr. Sambhav Jain – Advocates SUPER CASSETTES INDUSTRIES PRIVATE LIMITED Mr. Amit Sibal, Senior Advocate, with Mr Neel Mason, Ms Ridhima Pabbi, Mr Vihan Dang, Mr Uday S Chopra, Ms Sanyukta Banerjie, Ms Ekta Sharma, Mr Shivang Sharma, Ms Ramya Ramkumar and Ms Megha Sharma – Advocates TIPS INDUSTRIES LIMITED Mr. Harsh Kaushik, Mr. Abhay Chattopadhyay, Ms. Anushree Rauta, Ms. Parul Sharma, Mr. Navankur Pathak and Ms. Pranita Saboo & Ms. Astha Pandey – Advocates Page 5 of 234 EROS INTERNATIONAL MEDIA LTD Mr Neel Mason, Ms Ridhima Pabbi, Mr Vihan Dang, Mr Uday S Chopra, Ms Sanyukta Banerjie, Ms Ekta Sharma, Mr Shivang Sharma, Ms Ramya Ramkumar and Ms Megha Sharma – Advocates ------------ 4. OP (SEC-31-D)/2/2020/CR/NZ HT MUSIC AND ENTERTAINMENT CO. LTD. UNIT 701 A, 7TH FLOOR, TOWER 2, INDIABULLS FINANCE CENTRE, SENAPATI BAPAT MARG, ELPHINSTONE ROAD, MUMBAI - 400 013 MAHARASHTRA, INDIA …APPLICANT/APPELLANT (Represented by: Mr. Neeraj Kishan Kaul, Senior Advocate, with Mr. Abhishek Malhotra, Ms. Shilpa Gamnani, Ms. Atmaja Tripathy, Ms. Sneha Herwade, Mr Gurmukh Choudhri & Ms. Sanya Dua – Adv ) Versus 1. PHONOGRAPHIC PERFORMANCE LIMITED INDIA CRESENT TOWERS, 7TH FLOOR, B-68, VEERA ESTATE, OFF NEW LINK ROAD, ANDHERI (WEST), MUMBAI - 400 053, AND AT: A-46, GROUND FLOOR, DEFENCE COLONY, NEW DEHLI - 100 024 2. SAREGAMA INDIA LIMITED 33, JESSORE ROADDUM DUM, KOLKATA - 700 028, WEST BENGAL 3. TIPS INDUSTRIES LTD 601, DURGA CHAMBERS, 6TH FLOOR, LINKING ROAD, KHAR (WEST), MUMBAI - 400 052 4. LAHARI MUSIC PRIVATE LIMITED 4TH FLOOR, TTMC, BMTC BUILDING, YESHWANTHPUR CIRCLE, YESHWANTHPUR, BANGALORE - 560 022 5. ZEE ENTERTAINMENT ENTERPRISES LTD. 18TH FLOOR, 'A' WING, MARATHON FUTUREX, NM JOSHI MARG, LOWER PAREL, MUMBAI - 400 013 6. SONY MUSIC ENTERTAINMENT PVT. LTD. RAHEJA CENTRE, 92 MAIN AVENUE, LINKING ROAD, SANTACRUZ (WEST) MUMBAI - 400 054 …RESPONDENT S Represented by – PHONOGRAPHIC PERFORMANCE LIMITED Mr. Parag P. Tripathy, Senior Advocate, with Mr. Pragyan Sharma, Mr. Neeraj K Gupta Mr. Liliaan Daas, Mr. Eeshan Pandey & Gurnoor Kaur. Page 6 of 234 SAREGAMA INDIA LIMITED Mr.
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