Supreme Court Vacates Stay for Hotel Appolo

Authority: Supreme Court of India

Order Date: 02-09-2026

Case Overview

Parties: Hotel Appolo and Tours Private Limited (petitioner) vs Indian Performing Right Society Limited (respondent).
Origin: Petition for Special Leave to Appeal (C) No. 28489/2026 arising from impugned judgment and order dated 04-08-2026 of the Calcutta High Court (CAN No.1/2025, FMA No.322/2025).
IA No. 253210/2026 filed to vacate a stay; issues include exemption from filing certified copy, copyright licensing of cable services, and procedural caveat service.
Petitioner contended it only receives cable signals from a cable operator licensed by the respondent, invoking Section 52(1)(k) of the Copyright Act and citing Hotel & Restaurant Assn & Another v. Star India; it distinguished Super Cassettes Industries Ltd. v. Nirula Corner House.
Respondent raised grievance that a caveat lodged on 06-08-2026 was not served with the paper book.
Court noted the cable operator’s letter confirming possession of licences but not specifically a licence from IPRSL, and directed petitioner to place the licence on record.
Court issued an interim stay of operation of the impugned order until the next hearing and set a notice returnable on 12-10-2026.

Final Outcome

The Court did not immediately vacate the stay; instead, it ordered the Registrar (Judicial Listing) to investigate how the caveat clearance was obtained, submit a report by 09-09-2026, and directed the petitioner to produce the cable operator’s licence at the next hearing. The application for vacating the stay is listed for 09-09-2026, and the interim stay remains in effect pending further orders.