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Judgment
G.S. Sistani, J.
I.A.11025/2014
This is an application filed by plaintiffs u/s 151 CPC seeking clarification of the Order dated 21.4.2014 passed by this Court.
Notice. Mr. Sameer Parekh, Advocate, accepts notice on behalf of defendant No.23/non-applicant. Mr. Parekh raised a preliminary objection with regard to maintainability of the present application on the grounds that the present application has been filed by the plaintiffs only u/s 151 CPC, the plaintiff has neither amended the plaint nor filed a separate suit and, thus, the order prayed for by the plaintiffs cannot be passed in the present application.
Counsel for the defendant No.23 seeks time to file reply and raise all other legal objections, which are available to the defendants in accordance with law. Let reply be filed within two weeks from the date of reopening of the Court after summer vacations. Rejoinder, if any, be filed within four weeks thereafter.
Notice be also issued to other defendants, returnable on 14.8.2014, the date already fixed before Court.
Learned counsel for the plaintiffs points out that in a connected matter, being CS(OS) 592/2014, interim order passed by this Court was modified to the extent that the defendants shall not violate Section 37 of the Copyright Act, 1957, in effect that license/commercial tariff fee for each television set used shall be paid by the defendants. Counsel for the plaintiffs prays that the interim order dated 21.4.2014 passed in the present suit may be modified on the same lines. Counsel for the defendants has no objection to the same, subject to all his objections being kept open.
Accordingly, as agreed, the interim order dated 21.4.2014 would apply to any other special event including FIFA World Cup, 2014. Objection of counsel for the defendants that every special event does not require an additional fees is also kept open. It is further clarified that the defendants shall not violate Section 37 of the Copyright Act, 1957, in effect that license/commercial tariff fee for each television set used shall be paid by the defendants. It is also clarified that the order dated 21.4.2014, more particularly direction No.1 to the Local Commissioner, does not pertain only to FIFA World Cup, 2014, and it covers any event on the plaintiffs? channels.
I.A.10949/2014.
This is an application filed by plaintiffs seeking condonation of six days? delay in filing reply to the impleadment application filed by FHRAI under Order I R 8A CPC.
Learned counsel for defendant No.23 submits that he does not oppose the prayer made in this application.
Heard. For the reasons stated in the application and in view of the stand taken by counsel for defendant No.23, present application is allowed. Delay in filing reply to the impleadment application is allowed. Reply shall be taken on record.
Application stands disposed of.