- (1.) SLP (C) Nos. 5727-5735 of 2011, have been filed against the order dated 22nd December, 2010, passed by the Madras High Court in several miscellaneous petitions in CMA Nos. 3293, 3382 to 3385, 3387 to 3390 all of 2010, rejecting the prayer made therein by the Appellants for interim stay of the order passed by the Copyright Board, which is the subject-matter of challenge in the pending appeals.
(2.) Since we are mainly concerned with the refusal of the courts below to pass interim orders, during the pendency of the appeals, we shall briefly indicate the circumstances in which these Special Leave Petitions came to be filed and are being considered today.
(3.) It appears that in relation to various applications made under Section 31(1)(b) of the Copyright Act, 1957, for grant of license for broadcasting and sound recording, the Copyright Board had by an order dated 19th November, 2002, determined the interim standard rate of royalty at the rate of Rs. 1200/- per needle hour and certain other directions were also given. The said order resulted in overall payment of Rs. 660/-per needle hour by way of royalty. The said order of the Copyright Board was questioned by both the parties in appeal and cross appeal before the Bombay High Court, which by an order dated 13th April, 2004, set aside the order of the Copyright Board, allowed the appeal as well as the cross appeal in part, and remitted the matter to the Copyright Board for reconsideration and fixation of royalty payment in terms of Section 31 of the aforesaid Act.;