Point of Law: Provisions of Order XIII-A of CPC, as applicable to commercial disputes.#12;

JUDGMENT :

I.A. 18850/2022 (U/o XIII-A read with Section 151 of the Code of Civil Procedure, 1908)

1. This application has been filed by the plaintiffs praying for a Summary Judgment under the provisions of the Code of Civil Procedure 1908 (in short ‘CPC’), inter-alia, praying for the following reliefs:-

“49. In light of the foregoing, it is most respectfully prayed that this Hon’ble Court may be pleased to:

i. Pass an order and decree of permanent injunction restraining the Defendant Nos. 1 to 11 (and such other websites/entities which are discovered during the course of the proceedings to have been engaging in infringing the Plaintiffs' Exclusive Rights), their owners, partners, proprietors, officers, servants, employees, and all others in capacity of principal or agent acting for and on their behalf, or anyone claiming through, by or under it, from in any manner hosting, streaming, broadcasting, rebroadcasting, retransmitting, exhibiting, making available for viewing and downloading, providing access to and/or communicating to the public, displaying, uploading, modifying, publishing, updating, sharing (including to its subscribers and users), on their websites, through the internet in any manner whatsoever, the broadcast of the New Zealand Tour, 2020 and the content related thereto, amounting to unfair competition and commercial misappropriation of the Plaintiffs' rights,

ii. Pass an order and decree directing the Defendant No. 12, its directors, partners, proprietors, officers, affiliates, servants, employees, and all others in capacity of principal or agent acting for and, on their behalf, or anyone claiming through, by or under it, to suspend the domain name registration of domain names of Defendants No. 1 as identified by the Plaintiffs in the instant suit at Memo of Parties or such other domain names that may subsequently be notified by the Plaintiffs to be of Rogue Websites which infringe its exclusive rights;

iii. Pass an order and decree directing the Defendant Nos. 13 to 21, their directors, partners, proprietors, officers, affiliates, servants, employees, and all others in capacity of principal or agent acting for and on their behalf, or anyone claiming through, by or under it, to block access to the various websites identified by the Plaintiffs in the instant suit, at S. No. 2 of the Documents or such other websites that may subsequently be notified by the Plaintiffs to be infringing of its exclusive rights;

iv. Pass an order and decree directing the Defendant Nos. 22 and 23 to issue a notification calling upon the various internet and telecom service providers registered under it to block access to the various websites identified by the Plaintiffs in the instant suit at S. No. 2 of the Documents or such other websites that may subsequently be notified by the Plaintiffs to be infringing of its exclusive rights;

v. An order for damages of Rs. 2,00,01,000/-to be paid by the Defendant Nos. 1 to 11 (and such other websites/entities which are discovered during the course of the proceedings to have been engaging in infringing the Plaintiffs' exclusive rights), to the Plaintiffs on account of their illegal and infringing activities and a decree for the said amount be passed in favour of the Plaintiffs (the Plaintiffs reserve their right to claim additional damages and amend the pleadings accordingly once the magnitude of the Defendants' illegal/infringing activities and the revenues earned by the Defendants' in pursuance to such illegal/infringing activities is ascertained upon discovery in the instant action);

vi. An order for delivery of all the apparatus and/or material that the Defendant Nos. 1 to 11 use or may be using to infringe the Plaintiffs' exclusive rights, to the authorized representatives of the Plaintiffs for the purposes of destruction;

vii. An order for rendition of accounts of profits illegally earned by the