The Supreme Court has ordered an inquiry into the failure to link a caveat by IPRS with a petition by Hotel Apollo. Apollo has been directed to produce a licence for its cable operator, which it claimed to have to secure an interim order.
The Supreme Court has directed the Registrar (Listing) to conduct an inquiry into the failure to link a caveat filed by the Indian Performing Rights Society Limited (IPRS) with a special leave petition filed by Hotel Apollo & Tours Private Limited (Apollo). The dispute arises from an order of the Calcutta High Court granting an injunction in favour of IPRS and restraining Apollo from broadcasting works belonging to IPRS members in hotel rooms.
A Bench of Justice K.V. Vishwanathan and Justice Arun Palli also directed Apollo to place on record the licence allegedly issued by IPRS to its cable operator.
IPRS Alleges Deliberate Omission to Bypass Caveat
Senior Advocates Guru Krishnakumar and Amit Prasad, appearing for IPRS, submitted that Apollo had deliberately failed to disclose in its SLP that the final order of the Calcutta High Court was also under challenge, allegedly to bypass the caveat lodged by IPRS. They further contended that Apollo had secured an interim order from the Supreme Court on the basis of an incorrect statement that its cable operator possessed a valid licence from IPRS.
Court Questions Licence Claim, Warns Hotel Apollo
During the hearing, the Bench specifically asked Senior Advocate Neeraj Kishan Kaul, appearing for Apollo, whether the cable operator in fact held an IPRS licence. The Court noted that while passing its interim order on August 20, 2026, it had relied upon a statement made by Kaul, based on instructions from the instructing counsel, that Apollo’s cable operator was licensed by IPRS.
The Court further recalled that Apollo’s Advocate-on-Record had reiterated the same position during the hearing on August 24. Taking note of the submissions, the Bench directed Apollo to produce the licence granted by IPRS to its cable operator.
Justice K.V. Vishwanathan orally remarked that Apollo could face serious consequences if it was found that the earlier order had been obtained based on an incorrect statement made before the Court.
Apollo was represented by Senior Advocates Neeraj Kishan Kaul and Shadan Farasat, along with advocates Yashwant Singh and Harshit Anand. IPRS was represented by Senior Advocates Guru Krishnakumar and Amit Prasad, along with Vipin Nair, Soumya Ray Chowdhury and Anuj Tiwari, instructed by ADP Law Offices. (ANI)
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