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A Supreme Court bench of Justices JK Maheshwari and Hima Kohli today refused to entertain a plea filed by Puma Sports India Ltd against the order of Punjab and Haryana High Court, refusing to interfere and quash a complaint issued by Phonographich Performance Limited.

The complaint alleged that their music was being played in retail outlet of Puma store at Elante Mall, without there being a licence in their favour issued under the Copy Right Act, 1957. Before the High Court it was argued that the police is harassing all the top officials i.e. CEO and CFO of the company.

The High Court took a view that the police is well within its rights to inquire into the matter and for which all those who are acquainted with the facts of the case can be called by the police so as to record their statement or to collect evidence. Therefore, concluding that the investigation is at a nascent stage, high court had hence held that it could not be interfered with.

However, while dismissing the plea, the High Court granted liberty to Puma to approach it again in case any FIR is lodged. The court had further directed the police that the officials of the company be not unnecessarily harassed and be called only when extremely necessary provided the petitioners furnish all the relevant documents etc.

Appearing on behalf of Puma Sports and its directors, Chinmoy Sharma, Sr. Adv,  submitted that complaint is prima facie non est since the organisation making allegations is not a Registered Copyright Society under the Copyright Act, 1957.

He stated that the Puma has already obtained all the valid licences from IPRS which is the registered copyright society in the country. Sharma argued that the matter regarding the registration of Phonographic Performance Limited and RMPL is also pending before the Delhi High Court.

It was submitted in this regard that as per the proviso to Section 33 of the Copyright Act, 1957 only one society can be granted registration as a copyright society under the Act.  Sharma argued that PPL is to approach the government in terms of the orders of the Delhi High Court to seek registration as a copyright society.

Court, on hearing the submissions, observed that matter is only at the stage of inquiry and that the Puma is already protected by way of the impugned order of the high court. Court also observed that it is too early to determine the maintainability of the complaint at such a nascent stage.

Accordingly, when it was prayed that the matter be disposed of as withdrawn, the bench allowed the same.

Chinmoy Pradip Sharma, Sr. Advocate was briefed by Karanjawala and Co by Debmalya Banerjee and Samarjit Pattnaik - Partners along with Kartik Bhatnagar, Vikas Gogne, Puneet Relan, Nicholas Choudhury,  Rytim Vohra and Shreesh Chadha, Advocates.

Case title: M/s Puma Sports India Pvt Ltd and others Vs The Union Territory of Chandigarh and others