PHONOGRAPHIC PERFORMANCE LIMITED vs AZURE HOSPITALITY PRIVATE LIMITED & ORS.

Judgment text excerpt

$~36 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Judgment Reserved on : 06th December, 2024 Judgment Pronounced on : 03rd March, 2025 + CS(COMM) 714/2022 and I.A. 16777/2022 & I.A. 17272/2022 PHONOGRAPHIC PERFORMANCE LIMITED .....Plaintiff Through: Mr. Rajiv Nayar and Mr. Chander M. Lall, Senior Advocates with Mr. Ankur Sangal, Ms. Sucheta Roy, Mr. Raghu Vinayak Sinha, Mr. Shaurya Pandey and Ms. Ananya Mehan, Advocates. versus AZURE HOSPITALITY PRIVATE LIMITED & ORS......Defendants Through: Ms. Swathi Sukumar, Sr. Advocate with Mr. S. Santanam Swaminadhan, Mr. Kartik Malhotra, Mr. A. Mandal, Mr. Ritik Raghuvanshi and Mr. Rishubh Agarwal, Advocates. CORAM: HON'BLE MR. JUSTICE AMIT BANSAL JUDGMENT AMIT BANSAL, J. I.A. 16777/2022 (Under Order XXXIX Rules 1 & 2, CPC) & I.A. 17272/2022 (Under Order XXXIX Rule 4, CPC) 1. By way of this judgment, I shall dispose of I.A. 16777/2022 filed on behalf of the plaintiff for grant of interim relief under Order XXXIX Rules 1 Signature Not Verified Digitally Signed CS(COMM) 714/2022 Page 1 of 25 By:KOMAL DHAWAN Signing Date:03.03.2025 14:49:18 and 2 of the Code of Civil Procedure, 1908 (CPC) and I.A. 17272/2022 filed on behalf of the defendant no.1 under Order XXXIX Rule 4 of the CPC seeking vacation of the ex-parte ad interim injunction order passed by this Court on 14th October, 2022. Case set up in the plaint 2. Brief facts as set out in the plaint are as follows: 2.1 The plaintiff, Phonographic Performance Limited, (PPL) is a company limited by guarantee, registered under the provisions of the Companies Act, 2013, which is engaged in the business of issuing licences for public performance of sound recordings on the basis of the assignments granted to it by its various member record labels. The plaintiff owns and/or controls the publ