Hotel Apollo Secures Interim Stay vs IPRS

Authority: Supreme Court of India

Order Date: 20-08-2026

Case Overview

Petitioners: HOTEL APPOLO AND TOURS PRIVATE LIMITED (hotel) filed Special Leave to Appeal (C) No(s). 28489/2026, arising from the impugned final judgment and order dated 04-08-2026 in CAN No. 1/2025 in FMA No.322/2025 passed by the High Court at Calcutta.
Respondent: THE INDIAN PERFORMING RIGHT SOCIETY LIMITED (copyright society).
Nature of Proceeding: Petition for exemption from filing certified copy of the impugned judgment and permission to file additional documents/facts/annexures (IA Nos. 242820/2026 and 242821/2026).
Hearing Details: Heard on 20-08-2026 before a bench of Hon'ble Mr. Justice K.V. Viswanathan and Hon'ble Mr. Justice Arun Palli. Counsel for petitioner included Senior Advocate Neeraj Kishan Kaul and a team of advocates.
Petitioner’s Arguments:
The hotel subscribes to a cable operator that holds a licence from the respondent; the hotel only receives signals and does not transmit them, citing paragraphs 28 and 40 of the Supreme Court judgment in Hotel & Restaurant Assn & Another v. Star India (P) Ltd. & Others (2006) 13 SCC 753.
Section 52(1)(k) of the Copyright Act, 1957 pertains only to an “enclosed room meant for common use” and cannot be extended to individual hotel rooms, which are private.
Distinguishes the Delhi High Court judgment in Super Cassettes Industries Ltd. v. Nirula Corner House (P) Ltd. (2008) SCC OnLine Del 360, noting that the latter dealt with an Order VII Rule 11 CPC application and did not consider the Star India judgment.
The trial court correctly declined an injunction; there is no interim order from the respondent, and forcing the hotel to obtain a licence would be contrary to law.

Final Outcome

1. The application for exemption from filing a certified copy of the impugned judgment is allowed.

2. An interim stay on the operation of the impugned order is ordered until the next hearing date.

3. A notice is issued, returnable on 12 October 2026.

4. The order is digitally signed by Anita Malhotra (Deputy Registrar Court Master) on 21-08-2026.