Copyright infringement requires authorization; unauthorized distribution dilutes copyright protection.

JUDGMENT

Prathiba M. Singh, J. (Oral)

1. This hearing has been done through hybrid mode.

I.A. 18428/2023 (for exemption)

2. This is an application filed by the Plaintiffs 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 Delhi High Court (Original Side) Rules, 2018.

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

I.A. 18426/2023 (u/S 12A of the Commercial Courts Act )

4. This is an application filed by the Plaintiffs seeking exemption instituting pre-litigation mediation. In view of the orders passed in Chandra Kishore Chaurasia v. R A Perfumery Works Private Ltd , 2022/DHC/004454 , this application is allowed and disposed of.

I.A. 18429/2023 (Seeking leave to file and place on record USB)

5. This is an application seeking leave to file and place on record USB containing infringing works and Plaintiff's works. USB is permitted to filed. The same is taken on record.

6. Let the files in the USB be scanned with the electronic record of this Court.

7. The application is disposed of.

I.A. 18427/2023 (u/S 80 of CPC)

8. This is an application filed by the Plaintiffs, seeking exemption from serving notice to Defendant No. 27 - Department of Telecommunications (DoT) and Defendant No. 28 - the Ministry of Electronics and Information Technology (MeitY) under Section 80 of the CPC.

9. In view of the reasons stated in the application exemption is allowed. However, Mr. Harish V. Shankar, ld. CGSC has been requested to accept notice.

10. Accordingly, this application is allowed and disposed of.

I.A. 18431/2023

11. This is an application seeking permission to allow the Plaintiff to refer and rely upon the scanned copies of the books, audio book and infringing artworks contained in the Google Drive link during the course of hearing.

12. In view of the reasons stated in the application, the same is allowed.

13. Accordingly, this application is allowed and disposed of.

I.A. 18430/2023 (place on record original books)

14. This is an application seeking leave to place on record the originals of the books published by the Plaintiff. The same is allowed.

15. Accordingly, this application is allowed and disposed of.

CS (COMM) 657/2023

16. Let the plaint be registered as a suit.

17. Issue notices to the Defendants through all modes upon filing of Process Fee.

18. Mr. Harish V. Shankar, ld. CGSC accepts notice on behalf of DOT and MeitY.

19. 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 Plaintiffs, without which the written statement shall not be taken on record.

20. Liberty is given to the Plaintiffs to file a replication within 15 days of the receipt of the written statement(s). Along with the replication, if any, filed by the Plaintiffs, an affidavit of admission/denial of documents of the Defendants, be filed by the Plaintiffs, 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.

21. List before the Joint Registrar for marking of exhibits on 17th November, 2023. It is made clear that any party unjustifiably denying documents would be liable to be burdened with costs.

22. List before Court on 12th March, 2024.

I.A.18425/2023 (u/O XXXIX Rules 1 & 2 CPC) in CS(COMM) 657/2023

23. The present suit has been filed seeking