Authority: Supreme Court of India
Order Date: 09-09-2026
Case Overview
- Petition for Special Leave to Appeal (C) No. 28489/2026 filed by HOTEL APPOLO AND TOURS PRIVATE LIMITED against THE INDIAN PERFORMING RIGHT SOCIETY LIMITED, arising from the High Court at Calcutta judgment dated 04-08-2026 (CAN No.1/2025, FMA No.322/2025).
- Intervenor application IA No.267163/2026 filed by Mr. Sameer Parekh; additional applications IA No.242820/2026 (exemption from filing C/C), IA No.242821/2026 (permission to file additional documents), IA No.253210/2026 (vacating stay).
- Earlier interim order dated 20-08-2026 was based on the assertion that the Cable Operator, from whom the hotel obtained its connection, possessed a licence from the Respondent Society.
- On 02-09-2026 the Court directed the petitioner to produce the licence; the Cable Operator’s letter only confirmed availability of copyright licences, not the specific licence from the Respondent.
- At the hearing on 09-09-2026 the petitioner’s senior counsel admitted that the Cable Operator does not hold such a licence. Instead, the Respondent grants a licence to the broadcaster channel, which in turn has an inter‑connection agreement with the multi‑system operator, and that operator with the local Cable Operator.
- The Respondent’s counsel produced a sample licence issued directly to hotels, independent of the broadcaster’s licence.
- The Court noted that the foundation of the earlier interim order was the (now disproved) statement that the Cable Operator possessed a licence.
- The Court also considered a report from the Additional Registrar (forwarded by the Judicial Listing Registrar) concerning technical errors in the Integrated Case Management Information System (ICMIS). The Court accepted the report and instructed the Registry and Computer Cell to modify the relevant fields/validation mechanisms to prevent recurrence of such errors.
Final Outcome
- The petitioner is directed to deposit Rs.12,00,000 (Rupees twelve lakhs) in the Court as a condition to continue enjoying the benefit of the interim order.
- The amount must be deposited within two weeks of this order and will be kept as a short‑term fixed deposit receipt with an auto‑renewal facility.
- The interim order dated 20-08-2026 is modified accordingly; the petitioner’s benefit now hinges on the deposit.
- The Court reserved consideration on whether a licence is required from the Cable Operator or whether the broadcaster’s licence suffices; parties may make further submissions on this issue.
- The matter, along with pending applications, is listed for hearing on 29-09-2026 at 2.00 p.m.
Topics: Licensing, Interim Order