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M/S. Eskay Video Private Ltd. & Anr. v. The Union Of India & Ors.

Calcutta High Court
Feb 25, 2015

I.P Mukerji, J.:— The Court:- After having heard this writ application for a few days, at the admission stage, I formally admit it.

2. In my opinion even the question of passing an interim order can only be considered after filing of affidavits and after further oral hearing. I am told that the Copyright Board has not yet been constituted but is likely to be formed in the near future.

3. So, I think it is proper at this stage that the writ be made ready for hearing by exchange of affidavits.

4. Affidavits in opposition by all the appearing parties be filed by 16th March, 2015. List this application fairly at the top on 25 March, 2015. Affidavit in reply may be filed in the meantime.

5. The Central Government is directed to give at least, Mr0 days' notice to the petitioner of constitution of the Board. The Board after its constitution will also give the petitioner similar notice about its intention to fix the rates specified in Sections 31 and 31(D) of the Copyright Act, 1957, so as to enable the petitioner to mention the matter before this Court for early hearing of the writ application or to seek an interim order in case the writ application is not ready for hearing by that time.

6. All the questions raised in the writ application are kept open.