1/3 502-COMIP-303-2019.DOC IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION IN ITS COMMERCIAL DIVISION COMMERCIAL IP SUIT NO. 303 OF 2019 Phonographic Performance Ltd. ...Plaintiff Versus Nocturne And 15 Ors. ...Defendants WITH NOTICE OF MOTION NO. 645 OF 2019 IN COMMERCIAL IP SUIT NO. 303 OF 2019 WITH CONTEMPT PETITION NO. 119 OF 2019 WITH CONTEMPT PETITION NO. 114 OF 2019 _______ Mr. Amogh Singh a/w Mr. Asmant Nimbalkar and Ms. Shikha Dutta i/b Mr. D.P. Singh for the Plaintiff. _______ CORAM : ARIF S. DOCTOR, J. DATE : 24 th MARCH, 2026 P.C. 1. The matter was on board under the caption for withdrawal. 2. Mr. Singh learned counsel appearing on behalf of the Plaintiff at the outset invites my attention to an Order dated 24 th December, 2018 to point out that the same recorded the following statement made on behalf of the Plaintiff, which reads thus: “Learned Senior Counsel Shri Setalwad assures this Court that the present suit, in any contingency, would not be withdrawn and it would be properly Vaibhav 2/3 502-COMIP-303-2019.DOC prosecuted and taken to its logical end so that the situation of this Court being flooded with litigation at the end of every year, specially on the Eve of New Year can be avoided.” 3. Mr. Singh then submits that at the relevant time when the statement was made a bulk of the suits listed by the Plaintiff were around the Christmas and New Year celebrations, which led to a flood of suits incoming only at that time of year. It was in this context that he submitted the said assurance was given. He however, now points out that the Plaintiff has in order to avoid last minute and year end litigation has, adopted a continuous and pro-active enforcement mechanism by which the Plaintiff is regularly and consistently instituting suits throughout the year as and when instead of concentrating on suits filed at the end of the year. 4. Mr. Singh also submits that one of the grounds on which the Suit is now being withdrawn is that some of the Defendants have, since filing of the Suits shut down their respective businesses and some have stopped playing the sound recordings for which the Plaintiff has a copyright. He therefore, submits that the Plaintiff seeks leave to withdraw the present Suit with liberty to file individual and independent Suits on the basis of any new cause of action only against those Defendants who are still communicating the Plaintiff’s sound recordings to the public. He has tendered an Affidavit of one Mr. Amir Aslam Kewal, which also explains the reason why the Suit is being withdrawn and the liberty which is prayed for is being sought. 5. Affidavit on behalf of the Plaintiff bearing today’s date i.e. 24 th March, Vaibhav 3/3 502-COMIP-303-2019.DOC 2026 is tendered in Court. Having due regard to the submissions made by Mr. Singh and having considered what is set out in the Affidavit, I am inclined to allow the Plaintiff to withdraw the Suit with liberty to file fresh individual Suits against those Defendants, who are and/or continuing to infringe the Plaintiff’s copyright as on date and in the event any of the Defendants in the future infringe the Plaintiff’s copyright then even against such Defendants. 6. The Suit is thus dismissed as withdrawn. 7. In light of the above, Notice of Motion and Contempt Petitions are accordingly disposed of. 8. Refund of Court fees if any as per the rules. [ARIF S. DOCTOR, J.] Vaibhav