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W.P.(C) 610/2013 & CM No. 1155/2013
SH. PURAN MULTIMEDIA LTD Petitioner
Through Mr.K. Datta, Adv. With Mr.Ashish Verma & Ms.Prachi Johri, Advs.
Through Mr.Amit Mahajan, CGSC for UOI.
Mr.Neel Mason, Adv. With Ms.Ridhima Pabi & Ms.Sanyukta
Banerj ee, Advs. For R-3.
J/ W.P.(C) 5312/2013 &CM No. 11898/2013 &36671/2018
DHAMAAL 24 RADIO NETWORK LIMITED Petitioner
Through Mr.Angad Dugal, Adv. With Ms.Niyati Asthana & Ms.Shilpa
Gamnani, Advs.
Through Mr.Rajesh Kumar, Adv. With Ms.Santwana, Adv. For R-1.
HT MUSIC AND ENTERTAINMENT CO. LTD Petitioner
Through Mr.Angad Dugal, Adv. With Ms.Niyati Asthana & Ms.Shilpa
Gamnani, Advs.
Through Mr.Amit Mahajan, CGSC for UOI.
27.09.2018
ORDER
1. The petitioners have filed the present petitions, inter alia, praying that directions be issued to take immediate steps to reconstitute the Copyright Board in terms ofthe amendment to section 11 pfthe Copyright Act, 1957 as enacted bythe Copyright (Amendment) Act, 2012.
2. Mr.Mahajan, learned counsel appearing for the respondents states that the said prayer has become infructuous as the Intellectual Property Appellate Board has been constituted, which is also to exercise the jurisdiction interms ofsection 11 ofthe Copyright Act 1957 as amended by the Finance Act, 2017.
3. He states that in view of the above, the principal grievance of the petitioners, as raised in the pres.ent petitions, does not survive and no directions in thisregard arerequired to be issued.
4. Section 11 of the Copyright Act, 1957 as amended in the Finance Act, 2017 does not contain any provision for constitution ofa Copyright Board. It enacts that the Appellate Board as constituted under Section 83 of the Trade marks Act 1999, would exercise the jurisdiction, powers and authority conferred on it byor under thisAct"
5. The learned counsel appearing for the petitioners seek to withdraw the present petitions in view of the above statement and the observations made by this Court with hberty to approach the Intellectual Property Appellate Board with the remaining reliefs.
6. Thepresentpetitions are, accordingly, dismissed as withdrawn with the aforesaid liberty. The pending applications are also disposed of.
VIBHU BAKHRU,J SEPTEMBER 27, 2018 ab