IPRS vs Hotel Appolo: Court Orders Review

Authority: Calcutta High Court

Order Date: 19 June 2026

Case Overview

Parties: The Indian Performing Right Society Limited (petitioner) versus Hotel Appolo & Tours Pvt. Ltd. and another (defendant No.2).
The suit concerns alleged infringement under the Copyright Act, 1967; Defendant No.1 filed an application under Section 151 of the Code of Civil Procedure, 1908 read with Section 60 of the Copyright Act, which remains pending.
Defendant No.2 filed an application for rejection of plaint and/or dismissal of the suit; this also remains undecided.
The trial is at the stage of cross‑examination scheduled for 2 July 2026.
An order dated 10 September 2024 from the learned District Judge, Darjeeling, is on record, indicating the pending applications.
The court observed that the points raised by both defendants are substantially identical, and there is no res judicata issue.

Final Outcome

The High Court directs the learned Trial Judge to dispose of the application for rejection of plaint/dismissal filed by Defendant No.2 before proceeding with cross‑examination.
The Trial Judge is also urged to decide the application filed by Defendant No.1 if the issues are identical or substantially similar, to save judicial time.
No further matters remain; the present application is disposed of.
Parties may obtain an urgent certified copy of the order upon compliance with necessary formalities.