Civil court jurisdiction barred where relief would substitute for a pending compulsory licence decision under copyright law.

A civil court cannot grant declaratory or injunctive relief that would effectively operate as a compulsory licence under the Copyright Act while an application for that licence is pending before the Copyright Board. The Act was treated as a special, self-contained code, with the Board having exclusive power to decide compulsory licensing and the statutory scheme also addressing unauthorised broadcast and appellate review. On that basis, the suit and interim relief were not maintainable in civil court, and the statutory remedy had to be pursued before the Copyright Board.

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Issues: Whether the civil court had jurisdiction to entertain a suit seeking a declaration and injunction enabling broadcast of sound recordings pending a statutory application for compulsory licence before the Copyright Board.

Analysis: The reliefs claimed in substance sought a compulsory licence under section 31(1)(b) of the Copyright Act, 1957, while the plaintiff's application for that very relief was already pending before the Copyright Board. The Act was treated as a special statute and a self-contained code, providing the exclusive mechanism for grant of compulsory licence, with statutory consequences for unauthorised broadcast under sections 51 and 63 and appellate supervision under section 72. On that scheme, the civil court could not bypass the statutory process or grant an interim arrangement that would effectively amount to a licence the Board alone was empowered to decide.

Conclusion: The civil court lacked jurisdiction to entertain the suit, and the claim for interim or declaratory relief pending the Board proceedings was not maintainable.

Final Conclusion: The appeal failed, and the dismissal of the suit for want of jurisdiction was affirmed, leaving the plaintiff to pursue the statutory remedy before the Copyright Board.

Ratio Decidendi: Where a statute creates an exclusive mechanism for grant of a regulated licence and provides the consequences of unauthorised use, a civil court cannot assume jurisdiction to grant relief that would effectively substitute the statutory authority's decision.

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