Full Text
$-39 to 42 HIGH COURT OF DELHI
RFA(OS) 87/2016, CM APPLN. 40298/2016 & CM 40300/2016
SAKEGAMA INDIA LIMITED Appellant
Through Mr. Chander M. Lall, Senior Advocate with Mr. Ankur Sangal and
Ms. Sucheta Roy, Advocates
Through: Mr. Sudhir Chandra, Senior Advocate with Mr. Pravin Anand, Ms. Udita Palko and Mr. Shamim Nooreyezdan ljFA(OS^ 88/20X6, CM APPLN. 40301/2016 and CM 43803/2016
^REGAMA INDIA LIMITED Appellant
Through Mr. Chander M. Lall, Senior Advocate with Mr. Ankur Sangal and
Ms. Sucheta Roy, Advocates
Through : Mr. Sudhir Chandra, Senior Advocate
Palko and Mr. Shamim Nooreyezdan RFA(OS)(C0MM) 9/2016, CM APPLN. 40132/2016 &
SUPER CASSETTES INDUSTRIES PRIVATE LIMITED Appellant
Through . Mr. Ankit Relan, Mr. Uday S. Chopra and Ms. P.Vennela, Advocates
Through: Mr. Sudhir Chandra, Senior Advocate
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°''° ; iwuoi? :' ; in these appeals are aggrieved by the judgments, whe.by subject Suits have bel d .
"Straining .he defendants front c„ ' plaintiffs repertoire oomBrisi ^ P"blic, the , :
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JUDGMENT
2. Theappellants contend that thev »r» songs in its repertoire andhave the solean^ andevetycomponentofthesong: beingthe[1]. song recording which homn • ^'ody ofthe song,, 8 wnicn homogenizes the lyrics anH th 'yncs and the melody as well Page 2 as the performances ofthe singers, musicians, chorus, artists etc.,that are embodied in the song. It is contended that being the owner of all rights in the song, the appellants andnottherespondent no. 1hadthe exclusive right of an owner under Section 14(a), 14(e)i 38(A) and 55 of the Copyright Act. It is contended that without impleading the appellants as a party in the suit, the respondent no. 1 has misled the Courtjn decreeing the suit against the defendants, who in any eventualitywerenot beforethe Courtand did not defendthe suit.
3. Reliance is placed on the judgment of this Court in RFA (0S) (CON^OVI) 16/2017, 'Saregama India Limited Vs. Indian Singers lights Association & Anr.' and batch of appeals decided vide judgment dated 02.11.2017.
4. Since the appellants were not parties to the suits and have raised claims identical to the ones which have been raised by the appellants in the Suits which were subject matter of the judgment dated 02.11.2017 referred to above, we are of the opinion, that the Appellant should seek recourse of the remedy of review andapproach the learned Single Judge, in the first instance.
5. In case the application is filed within two weeks, the same shall be heard oil its merit. Rights and contentions of all the parties are reserved. It is clarified that the Court has neither examined nor considered the rival claims of the parties, urged under the Copyright Actj 1957, and leave the same to be considered by the Single Judge, uninfluenced by the observations made in this order, in accordance & other connected matters Page 3 2^ i with law, ifso approached.
7. OrderDasti undersignaturesofCourtMaster.
NOVEMBER 15,2017 %n' RjFA(OS) 87/2016 &other connected r matters Lj %RAVINDRA bhat, j SAimEV SACHDEVA, J Page 4