Reference questions on copyright ownership need not be enlarged when existing questions already cover the transfer dispute.

Additional reference questions were unnecessary where the proposed issues on copyright ownership and transfer of rights were already substantially covered by the questions referred, especially the nature of the transaction and transfer of software. The omission of an express statutory citation in the reference did not prevent reliance on the Copyright Act in support of the same contention. The dispute was to be determined by construing the agreement between the applicant and HDFC, including clause (iii). The order was not to be read as deciding that rights had been transferred if they did not vest in the applicant, and the request to enlarge the reference was declined.

---

---

Issues: Whether the Tribunal should be directed to raise additional questions relating to copyright ownership and transfer of rights, when those matters were already encompassed by the questions already referred, and whether the applicant could rely on the Copyright Act in support of its contentions.

Analysis: The relief sought was unnecessary because the proposed questions were substantially covered by the questions already raised, particularly the question concerning the nature of the transaction and the transfer of software. The omission to mention a statutory provision in the reference did not preclude reliance on that provision in support of the same contention. The Court also noted that determination of the referred questions would require construction of the agreement between the applicant and HDFC, including clause (iii), and that the order should not be read as deciding that rights were transferred even if they did not vest in the applicant.

Conclusion: No direction was required to compel the Tribunal to raise the additional questions, and the application failed to that extent.

Final Conclusion: The matter was disposed of by declining to enlarge the reference, leaving the already referred questions to govern consideration of the dispute.

Ratio Decidendi: Where proposed reference questions are substantially covered by questions already referred, a separate direction to include them is unnecessary, and a party may rely on a statutory provision even if it was not expressly mentioned earlier.

---