IN THE HIGH COURT OF DELHI AT NEW DELHI
  
  CS(OS) 1274/2014
  
  THE INDIAN PERFORMING RIGHT SOCIETY
  
  LIMITED ..... Plaintiff
  
  Through: Mr. Pravin Anand and Ms. Tanvi Mishra, Advs.
  
  
versus
  
  BLACK AND WHITE MEDIA INDIA and
  
  OTHERS ..... Defendants
  
  Through: None.
  
  CORAM:
  
   HON'BLE MR. JUSTICE A.K. PATHAK
  
   O R D E R
  
   05.05.2014
  
  
  
  I.A. No. 8273/2014 (u/Sec. 151 CPC)
  
  
  
  Original documents as well as clearer copies be filed within four
  weeks.
  
  Application is disposed of.
  
  CS(OS) 1274/2014
  
  
  
  Plaint be registered as a Suit. Summons in suit be issued to the
  defendants through ordinary process, registered A.D. post and courier
  service, returnable before Joint Registrar for 16th September, 2014.
  Process fee etc. be filed within a week.
  
  I.A. No. 8272/2014 (u/O 39 R 1 and 2 CPC)
  
  Notice for the date fixed.
  
  Learned counsel for the plaintiff has relied on the orders dated
  19th December, 2013 passed in CS (OS) 2606/2013 and 23rd December, 2013
  passed in CS (OS) 2668/2013 in the similar facts which have been perused.
  
  It is contended that plaintiff-society monitors, protects and
  enforces rights, interests and privileges of its members and has
  Copyright in respect of public performing rights over the lyrics and
  musical compositions of its members, thus, no organizer or premises owner
  can allow public performance in respect of such lyrics and musical
  compositions in public shows, without obtaining prior license from the
  plaintiff and in case any person organizes shows and uses such lyrics
  and/or musical compositions the same tantamount to infringement of
  Copyright of the plaintiff within the meaning of Section 33 read with
  Section 13 and 14 of the Copy Right Act, 1957. It is further alleged
  that ?John Christopher Yanni? a well known musical composer and lyrist of
  United States of America has performed in an event organized by defendant
  no.1 in the premises of defendant no. 2 and used the lyrics and
  compositions of plaintiff, details whereof have been given in para (12-e)
  of the plaint. It is prayed that defendant nos. 1 to 3 be restrained
  from organizing any such event in future by using such lyrics and/or
  musical compositions without obtaining requisite license from the
  plaintiff.
  
  I have perused the plaint as well as documents annexed therewith and
  also the orders, reliance whereupon has been placed by the planitif and
  am of the view that plaintiff has succeeded in disclosing a, prima facie,
  case in its favour, inasmuch as, balance of convenience is also in favour
  of the plaintiff. Accordingly, defendants are restrained from organizing
  and/or providing premises for performing or permitting performances or
  communicating the plaintiff?s repertoire comprising of authors, composers
  and publishers of literary and/or musical works or its sister societies
  without obtaining the requisite license from the plaintiff.
  
  Compliance of Order 39 Rule 3 CPC be made within a week.
  
  
  
  
  
   A.K. PATHAK, J.
  
  MAY 05, 2014
  
  ga
  
  $ 28