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2022 DIGILAW 777 (BOM)

Novex Communications Private Limited v. Chinagate Restaurants Private Limited

2022-03-17

RIYAZ I.CHAGLA

body2022
JUDGMENT : Riyaz I. Chagla, J. 1. Heard the learned Counsel for the parties. The learned Counsel appearing for the Defendant states that the Commercial Interim Application has not been served on the Defendant. This is disputed by the learned Counsel appearing for the Plaintiff who states that there is an acknowledgement of receipt of the Interim Application. 2. Since the learned Counsel appearing for the Plaintiff has sought limited relief in view of the event being held tomorrow title "Holi-Bash 2022" by the Defendant and particularly considering that orders have been passed by this Court from time to time granting such relief against the Defendant, namely to maintain the CCTV footage with audio at their restaurants, it would be appropriate to grant such ad-interim relief. 3. The learned Counsel for the Plaintiff has referred to the prior orders passed by this Court including the proceedings which have been taken out by the Plaintiff from time to time under Order 39 Rule 2A of the Code of Civil Procedure., One such order of this Court dated 07.02.2018 had recorded that though the Defendant had been directed to maintain CCTV footage at their restaurants they were in breach the said order as the CCTV footage was without audio. A commissioner was also appointed of taking accounts, namely Mr. Ketan Trivedi and Mr. Shakil Shaikh who were sent as Commissioners to visit the restaurants of the Defendant and go through the entire CCTV footage available at the restaurants and submit report to this Court confirming that there is no audio available along with CCTV footage and whether the play list in which the plaintiff has copyright of sound recording for on ground public performance is played and/or available on laptops of the Defendant. 4. 4. Considering the prior proceedings as well as the orders passed by this Court in connected matters between the same parties, it would be appropriate to grant as and by way of ad-interim relief prayer clause 'C' of the Interim Application except the bracketed portion which reads thus: "(c) In alternative to prayer clauses (a) and (b) above, pending the hearing and final disposal of the Suit, the Defendant herein be ordered and directed to maintain recordings (audio and video) of all sound recordings played by the Defendant at holi related event titled "Holi Bash 2022" [and also every event organized or conducted by the Defendant] and place the same on record before this Hon'ble Court [on quarterly basis or at such time/times as may be directed by this Hon'ble Court]." 5. Interim Application shall be listed in due course. 6. This order is restricted to the event of tomorrow titled "Holi Bash 2022"