Ashim Kumar Banerjee, J. - (1.) The plaintiff is a licensee to broadcast the FM Channel in All India Radio. The defendant is the copyright holder of various phonographic performance. The respondent is a copyright society registered under section 33 of the Copyright Act, 1957 (hereinafter referred to as the "said Act, 1957").
(2.) In or about 1993 the plaintiff No. 1 was given the right to broadcast "Times FM". After the plaintiff No. 1 was allotted time slots for "Times FM" the respondent demanded broadcasting fee @ Rs. 1,500/- per time slot per hour for the music of which the respondent was holding copyright.
(3.) The disputes arose between the parties which resulted in a suit filed before this Court being Suit No. 304 of 1993 (Phonograpic Components Pvt. Ltd. vs. Midday Publication Pvt. Ltd. & Anr.). In the said suit a settlement was arrived at between the plaintiff No. 1 and the defendant by which rate was agreed @ Rs. 160/- per needle hour. The other terms and conditions were also agreed upon and stipulated in the terms of settlement. According to the defendant the said agreement was to expire by efflux of time on March 31, 2000.;