JUDGEMENT
PRAFULLA C.PANT,J. -
(1.) Leave granted.
(2.) All these three appeals are directed against the order dated May 08, 2012 passed by Division Bench of High Court of
Delhi in FAO (OS) Nos. 423 -424 of 2011 and FAO (OS) No. 425
of 2011 with CM No. 19128 of 2011, whereby said Court has
dismissed the appeals, and affirmed the order of the learned
Single Judge in Suit CS (OS) No. 1185 of 2006 and Copyright
Infringement Suit CS(OS) No. 1996 of 2009 disposing of the
Interim Applications moved for temporary injunction and
directions.
(3.) Learned Single Judge had disposed of Interim Applications in above mentioned suits as under: -
"55. In the light of the above conclusions - which are prima facie in nature, and do not preclude the plaintiffs in both cases, from establishing and proving their case - the following directions are issued:
(i) In the synergy suit, (i.e. CS(OS) 1185/2006) the applications for temporary injunctions, i.e. IA Nos., 6486/2006, 7027/2006 and 6487/2006 are disposed of by stating that the defendants do not have to secure a license from the plaintiffs;
(ii) In the CRI suit, (i.e. CS(OS) No. 1996/2009) the application, i.e. IA Nos. 13691/2009, 13692/2009 are disposed of with the directions that in case the defendants wish to perform the sound recording in public, i.e. play them, a license from PPRS is essential; in case the musical works are to be communicated or performed in the public, independently, through an artiste, the license of IPRS is essential. In case the defendant wishes to hold an event involving performances or communication of works of both kinds to the public, the license or authorization of both IPRS and PPRS are necessary. The defendant is accordingly restrained from communicating any of such works to the public, or performing them, in the public, without such appropriate authorization, or licensing pending adjudication of the suit." ;
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