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2004 DIGILAW 879 (DEL)

BHARTI CELLULAR LIMITED v. UNION OF INDIA

2004-10-05

SANJAY KISHAN KAUL

body2004
Sanjay Kishan Kaul, J. ( 1 ) THE grievance of the petitioner is. that though it has approached the copyright Board including for interlocutory relief, the sitting of the Board is not being held with the result that the case of the petitioner cannot be considered. ( 2 ) INSOFAR as the sitting of the Board is concerned, it has been put to learned counsel for respondents 1 and 2 that a mechanism must be devised for periodic sitting of the Board to deal with urgent matters specially where interim relief is prayed so as to avoid a situation that a party is compelled to approach this Court under Article 226 of the Constitution of India in view of the absence of the sitting of any Board. ( 3 ) LEARNED counsel for respondents 1 and 2 is directed to take necessary steps to have an expeditious hearing of the matter filed by the petitioner. ( 4 ) THE only question to be considered is as to what arrangement has to prevail till such time the sitting of the Board takes place. This arrangement is being arrived at without prejudice to the rights and contentions of the parties before the Copyright Board leaving it open to the Board to decide as to what substantive or interim relief is to be granted by the board. Thus the arrangement will continue only till such time as the board considers and decide the interim application of the petitioner. ( 5 ) LEARNED counsel for respondent No. 4, which is really the contesting party states that settlement discussions are going on. Be that as it may, the said discussions can go on always and in case the matter is settled, the occasion for hearing before the B. oard may not arise. However, till the aforesaid hearing and decision take place on interim application, it is agreed that respondent No. 4 will not act in pursuance to the impugned communication dated 13. 9. 2004 subject to the condition that the petitioner shall continue to pay the charges as before. ( 6 ) THE writ petition and the application stand disposed of with the aforesaid directions. ( 7 ) DASTI to learned counsel for the parties.