Yashoda Thakore Vs Kuchipudi Dance Centre

Date of Judgment: 12.07.2023
Case No: CM (M)-IPD 10 of 2023
Neutral Citation No: 2023:DHC:4787
Name of Hon'ble Court: Hon'ble High Court of Delhi
Name of Hon'ble Judge: C Hari Shankar, H.J.
Case Title:Yashoda Thakore Vs Kuchipudi Dance Centre

INTRODUCTION

At first glance, some may assume that the Explanation to Section 6 of the Commercial Court Act 2015 and Section 62 of the Copyright Act 1957 are in conflict.

However, upon closer examination of their respective language and legislative intent, it becomes apparent that they can coexist harmoniously. This article seeks to elucidate the interplay between Explanation to Section 6 of the Commercial Court Act 2015 and Section 62 of the Copyright Act 1957.

While there may be confusion regarding their applicability, this article argues that these provisions are not in negation of each other. Rather, Section 62 of the Copyright Act 1957 complements the Explanation to Section 6 of the Commercial Court Act 2015 and provides an additional forum for invoking territorial jurisdiction of a commercial court.

The article explores the legislative intent behind these provisions, analyzes relevant case law, and highlights the significance of having two parallel avenues to assert territorial jurisdiction in copyright-related commercial disputes, in view of recent decision of Hon'ble High Court of Delhi in the case discussed herein below:

THE REVISION PETITION:

The Petition was filed by the Petitioner/Defendant against the Order of Ld. Trial Court where by Application of the Petitioner under Order 7 Rule 10 CPC seeking return of Suit on the ground of lacking Territorial Jurisdiction was rejected. There by the Ld. Trial Court refused to return the Suit on the ground of lacking Territorial Jurisdiction.

THE REASONING OF LD.TRIAL COURT BELOW:

The Ld. Trial Court held the Territorial Jurisdiction under Section 62 of the Copyright Act 1957 on the premise of Plaintiff's averment made in Para No. 30 of the Plaint regarding Plaintiff's activity.

THE CONTENTION OF PETITIONER:

The Petitioner alleged that the Order of Ld. Trial Court was based on ULTRA HOME Judgment, which according to the Petitioner, per incuriam as it is contrary to Explanation to Section 6 of Commercial Court Act 2015.

THE JUDGEMENT:

Revision Petition was dismissed.

THE REASONING:

Ultra Home Construction clearly held that Section 62 of the Copyright Act 1957 provides additional forum for invoking Jurisdiction, in addition to Section 20 CPC.

In view of the above, explanation to Section 6 of Commercial Court Act 2015 does not limit the right of Plaintiff to invoke jurisdiction by virtue of Section 62 of Copyright Act 1957.

THE CONCLUDING NOTE:

Explanation to Section 6 of the Commercial Court Act 2015 and Section 62 of the Copyright Act 1957 are not in negation to each other. The Commercial Court Act 2015 does not override the special provisions of the Copyright Act 1957.

Instead, Section 62 of the Copyright Act 1957 serves as an additional forum for copyright owners to invoke territorial jurisdiction of a commercial court. This dual approach ensures that copyright-related commercial disputes have the option to be heard before specialized commercial courts while preserving copyright holders' right to choose alternative forums.

Advocate Ajay Amitabh Suman
IP ADJUTOR
Patent and Trademark Attorney
ajayamitabhsuman@gmail.com
9990389539

DISCLAIMER

Information contained herein is being shared in the public Interest. The same should not be treated as substitute for legal advice as it is subject to my subjectivity and may contain human errors in perception, interpretation and presentation of the facts and law involved herein.