IMPORTANT POINT
The judgment establishes the legal principle that unauthorized dissemination of copyrighted material on digital platforms constitutes copyright infringement, and digital platforms have a responsibility to disclose details of infringing activities and take necessary actions to prevent further infringement.

ORDER

Prathiba M. Singh, J. - This hearing has been done through hybrid mode.

I.A. 18924/2023 (for exemption)

2. This is an application filed by the Plaintiff seeking exemption from filing originals/cleared/certified/translated copies of documents with proper margins, etc. Original documents shall be produced/filed at the time of Admission/Denial, if sought, strictly as per the provisions of the Commercial Courts Act, 2015 and the DHC (Original Side) Rules, 2018.

3. Exemption is allowed, subject to all just exceptions. Accordingly, the application is disposed of.

I.A. 18923/2023 (for additional documents)

4. This is an application filed by the Plaintiff seeking leave to file additional documents under the Commercial Courts, Commercial Division and Commercial Appellate Division of High Courts Act, 2015 (hereinafter, 'Commercial Courts Act'). The Plaintiff, if it wishes to file additional documents at a later stage, shall do so strictly as per the provisions of the Commercial Courts Act, 2015 and the DHC (Original Side) Rules, 2018.

5. Accordingly, application is disposed of.

I.A. 18925/2023 (exemption from advance service to the Defendants)

6. In view of the fact that the Plaintiff has sought an urgent ex parte ad-interim injunction along with the appointment of the Local Commissioner, the exemption from advance service to the Defendant is granted.

7. Accordingly, application is disposed of.

I.A. 18926/2023 (u/S 12A of the Commercial Courts Act)

8. This is an application filed by the Plaintiff seeking exemption instituting pre-litigation mediation. Since the Plaintiff seeks an urgent ex-parte injunction, in view of the orders passed in Chandra Kishore Chaurasia v. R A Perfumery Works Private Ltd, 2022/DHC/004454, the application is allowed and disposed of.

I.A. 18927/2023 (for court fee)

9. This is an application seeking extension of time for filing the court fee. The court fee is stated to have been deposited with the treasury. Let the same be filed within two weeks. Application is disposed of.

I.A. 18928/2023 (permission to file documents on a pen drive)

10. This is an application seeking permission to file course material on a pen drive and in a sealed cover. The course material on pen-drive be filed on record and annexed with the electronic record of the Court. The said material be filed in a sealed cover and be retained on record without scanning. Application is disposed of.

CS(COMM) 676/2023

11. Let the plaint be registered as a suit.

12. Issue summons to the Defendants through all modes upon filing of Process Fee.

13. Ld. Counsels for Defendant Nos.16, 19, 20 and 28 accepts summons.

14. The summons to the Defendants shall indicate that the written statement to the plaint shall be positively filed within 30 days from date of receipt of summons. Along with the written statement, the Defendants shall also file an affidavit of admission/denial of the documents of the Plaintiff, without which the written statement shall not be taken on record.

15. Liberty is given to the Plaintiff to file the replication within 15 days of the receipt of the written statement(s). Along with the replication, if any, filed by the Plaintiff, an affidavit of admission/denial of documents of the Defendant, be filed by the Plaintiff, without which the replication shall not be taken on record. If any of the parties wish to seek inspection of any documents, the same shall be sought and given within the timelines.

16. List before the Joint Registrar for marking of exhibits on 22nd November, 2023. It is made clear that any party unjustifiably denying documents would be liable to be burdened with costs.

17. List before Court on 22nd March, 2024.

I.A. 18922/2023 (u/O XXXIX Rules 1 & 2 CPC)

18. Issue notice.

19. Ld. Counsels for Defendant Nos.16, 19, 20 and 28 accept notice.

20. The Plaintiff in this suit is M/s Jainemo Private Limited, a company engaged in preparation and sale