Bombay HC Restrains Playing Of Copyrighted Songs At Ramada Hotel New Year Event

While restraining, the bench observed that if the Court does not intervene, PPL will suffer grave irreparable loss.

Kamakazi Solution Pvt. Ltd. is hosting the 2024 New Year event at the Ramada Hotel which belongs to the Deep Distilleries and Breweries Pvt. Ltd.

Accordingly, a bench of Justice R.I. Chagla observed, “In my view, in the absence of ad-interim relief, the Plaintiff will suffer grave irreparable loss. A prima facie case made out of the likelihood of infringement of the Plaintiff copyrighted works. This Court is of the prima facie view that the balance of convenience is in favour of the Plaintiff and the Defendants have chosen not to make an appearance despite service. Hence, the ad-interim relief is being granted”.

“In my view, in the absence of ad-interim relief, the Plaintiff will suffer grave irreparable loss. A prima facie case made out of the likelihood of infringement of the Plaintiff copyrighted works. This Court is of the prima facie view that the balance of convenience is in favour of the Plaintiff and the Defendants have chosen not to make an appearance despite service. Hence, the adinterim relief is being granted”, the bench further noted.

Senior Advocate Sharan Jagtiani appeared for the plaintiff.

In the matter, the plaintiff submitted the CD containing the list of music labels, agreements and list of sound recording repertoire being the Plaintiff’s copyrighted works. Accordingly, submitted that the defendants despite being served, have chosen not to make appearance.

The plaintiff filed a complaint on the basis of an advertisement published on the Instagram page of Ramada that conveyed such intention to play the sound recordings. Accordingly, the bench also considered the fact that there was serious apprehension that the Defendants will communicate and infringe sound recordings of the Plaintiff.

The petitioners then submitted that in the past the defendant had obtained license for communicating the Plaintiffs sound recordings to the public.

The Court then took note of the fact that the larger issue as to the applicability of Section 30 of the Copyright Act, 1957 to the Plaintiff in the present Suit is being determined by the Court.

Cause Title: Phonographic Performance Ltd. v. Kaamakazi Solution Pvt. Ltd. & Ors.