PHONOGRAPHIC PERFORMANCE LTD.versusNOCTURNE AND 15 ORS.

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                   IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                      ORDINARY ORIGINAL CIVIL JURISDICTION
                            IN ITS COMMERCIAL DIVISION


                       COMMERCIAL IP SUIT NO. 303 OF 2019
Phonographic Performance Ltd.                                                ...Plaintiff
          Versus
Nocturne And 15 Ors.                                                         ...Defendants
                                           WITH
                        NOTICE OF MOTION NO. 645 OF 2019
                                             IN
                       COMMERCIAL IP SUIT NO. 303 OF 2019
                                           WITH
                       CONTEMPT PETITION NO. 119 OF 2019
                                           WITH
                       CONTEMPT PETITION NO. 114 OF 2019
                                          _______
Mr. Amogh Singh a/w Mr. Asmant Nimbalkar and Ms. Shikha Dutta i/b Mr. D.P.
Singh for the Plaintiff.
                                          _______


                                              CORAM           :      ARIF S. DOCTOR, J.
                                              DATE            :      24th MARCH, 2026


P.C.
1.        The matter was on board under the caption for withdrawal.

2.        Mr. Singh learned counsel appearing on behalf of the Plaintiff at the

outset invites my attention to an Order dated 24 th December, 2018 to point out

that the same recorded the following statement made on behalf of the Plaintiff,

which reads thus:

             “Learned Senior Counsel Shri Setalwad assures this Court that the present
             suit, in any contingency, would not be withdrawn and it would be properly




Vaibhav
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              prosecuted and taken to its logical end so that the situation of this Court
              being flooded with litigation at the end of every year, specially on the Eve
              of New Year can be avoided.”



3.        Mr. Singh then submits that at the relevant time when the statement was

made a bulk of the suits listed by the Plaintiff were around the Christmas and

New Year celebrations, which led to a flood of suits incoming only at that time of

year. It was in this context that he submitted the said assurance was given. He

however, now points out that the Plaintiff has in order to avoid last minute and

year end litigation has, adopted a continuous and pro-active enforcement

mechanism by which the Plaintiff is regularly and consistently instituting suits

throughout the year as and when instead of concentrating on suits filed at the

end of the year.

4.        Mr. Singh also submits that one of the grounds on which the Suit is now

being withdrawn is that some of the Defendants have, since filing of the Suits

shut down their respective businesses and some have stopped playing the sound

recordings for which the Plaintiff has a copyright. He therefore, submits that the

Plaintiff seeks leave to withdraw the present Suit with liberty to file individual

and independent Suits on the basis of any new cause of action only against those

Defendants who are still communicating the Plaintiff’s sound recordings to the

public. He has tendered an Affidavit of one Mr. Amir Aslam Kewal, which also

explains the reason why the Suit is being withdrawn and the liberty which is

prayed for is being sought.

5.        Affidavit on behalf of the Plaintiff bearing today’s date i.e. 24 th March,




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2026 is tendered in Court. Having due regard to the submissions made by Mr.

Singh and having considered what is set out in the Affidavit, I am inclined to

allow the Plaintiff to withdraw the Suit with liberty to file fresh individual Suits

against those Defendants, who are and/or continuing to infringe the Plaintiff’s

copyright as on date and in the event any of the Defendants in the future

infringe the Plaintiff’s copyright then even against such Defendants.

6.        The Suit is thus dismissed as withdrawn.

7.        In light of the above, Notice of Motion and Contempt Petitions are

accordingly disposed of.

8.        Refund of Court fees if any as per the rules.




                                                              [ARIF S. DOCTOR, J.]




Vaibhav