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2023 DAILYLAW 7535 (DEL)

PHONOGRAPHIC PERFORMANCE LIMITED v. PREMIUM LIFESTYLE AND FASHION INDIA PRIVATE LIMITED & ORS.

CS(COMM)/811/2023 · 2026-08-04

Anup Jairam Bhambhani

body2023

Judgment text

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CS(COMM) 811/2023 $~16 * IN THE HIGH COURT OF DELHI AT NEW DELHI # CNR No. DLHC010708562023 + CS(COMM) 811/2023 & I.A. 35781/2024 PHONOGRAPHIC PERFORMANCE LIMITED .....Plaintiff Through: Mr. Shaurya Pandey, Advocate. versus PREMIUM LIFESTYLE AND FASHION INDIA PRIVATE LIMITED & ORS. .....Defendants Through: Mr. Deepak Kumar Agarwal and Mr. Vivek Raj Singh, Advocates alongwith AR. CORAM: HON'BLE MR. JUSTICE ANUP JAIRAM BHAMBHANI O R D E R % 04.08.2026 The claim in the suit was for alleged infringement by the defendants of a copyright of the plaintiff in certain sound recording. The allegations being that the defendants had played copyrighted sound recordings in their store. 2. Further to the proceedings before the learned Predecessor Bench vide order dated 24.02.2026 the defendants were directed to file an undertaking in the terms that were discussed in court. 3. Affidavit dated 01.04.2026 has been filed by the defendants pursuant to that direction the essence of the affidavit reads as follows : “That, without prejudice to the contention of the Defendants that there is no violation of interim order dated 10.11.2023 and in-fact the music in question was played in the circumstances as mentioned at para no.5 of reply dated 22.10.2025, the Defendants unconditionally undertake that they This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 10/08/2026 at 11:25:14 CS(COMM) 811/2023 shall not play or use Plaintiff’s copy righted work at any of their premises or stores, without requisite license or permission.” 4. In the circumstances, in terms of the affidavit the defendants have unconditionally undertaken that they shall not play or use the plaintiff’s copyrighted works at any of their premise or stores without requisite license or permission. 5. In view of the undertaking offered by way of an affidavit by the defendants; the plaintiff submits, that the suit may be decreed in terms of the claim made in the suit. 6. Learned counsel for the defendants submits, that the decree be restricted to prayer (i) namely the decree for permanent injunction. 7. Learned counsel for the plaintiff submits, that they are waving any claim for damages and costs. 8. In view of the affidavit referred to above, the present suit is decreed in favour of the plaintiff and against the defendants holding the defendants bound by the undertaking tendered by way of an affidavit dated 01.04.2026. 9. Let decree sheet be drawn-up by the Registry. The undertaking shall form a part of the decree. The plaintiff has waived any claim towards damages and costs. 10. Suit is disposed-of in the above terms. 11. Pending applications, if any, stand disposed-of. ANUP JAIRAM BHAMBHANI, J AUGUST 4, 2026/hb This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 10/08/2026 at 11:25:14