IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 23473 of 2010(O)
1. PHONOGRAPHIC PERFORMANCE LTD,
... Petitioner
Vs
1. M/S.HOTEL SAMUDRA, G.V.RAJA ROAD,
... Respondent
2. M/S.HOTEL RESIDENCY TOWER, SOUTH GATE
3. M/S.BEST WESTERN SWAGATH HOLIDAY RESORTS
4. M/S.SOMATHEERAM AYURVEDA RESORTS,
5. M/S.S.P.GRAND DAYS, PANAVILA JUNCTION,
6. M/S.CLASSIC AVENUE, MANJALIKKULAM ROAD,
For Petitioner :SRI.VIVEK VARGHESE P.J.
For Respondent : No Appearance
The Hon'ble MR. Justice THOMAS P.JOSEPH
Dated :15/09/2010
O R D E R
THOMAS P.JOSEPH, J.
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W.P(C) No.23473 of 2010
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Dated this the 15th day of September, 2010
J U D G M E N T
All respondents in the Writ Petition are served but there is
no response. Heard learned counsel for petitioner.
2. Petitioner sued the respondents in O.S. No.15 of 2009
of the court of learned Additional District Judge,
Thiruvananthapuram to enforce the right acquired by the
petitioner under the Copy Right Act. The case was posted for trial
in the list and some evidence was recorded. While so, petitioner
wanted to produce certain documents which were in the locker of
petitioner at Mumbai and filed I.A. No.1941 of 2010 to reopen the
case for evidence. That application was dismissed by the learned
Additional District Judge vide Ext.P5, order. That order is under
challenge. Learned counsel seeks one month’s time to produce
the original documents. Having regard to the facts and
circumstances of the case I do not find reason to refuse the
request of petitioner.
W.P(C) No.23473 of 2010
-: 2 :-
Resultantly, this Writ Petition is allowed. Exhibit P5, order is
set aside. Case is reopened. Petitioner is granted one month
from this date to produce its documents in the court below.
THOMAS P. JOSEPH, JUDGE.
vsv