IMPORTANT POINT
The Court considered the prima facie case, balance of convenience, and agreements between the parties in reaching its decision.

JUDGMENT

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

I.A. 13661/2023 in CS(COMM) 313/2023

2. Insofar as Defendant No. 1-Sony Music Entertainment India Pvt. Ltd. is concerned, it has moved an application for deletion under Order 1 Rule 10(2) CPC. At this stage, the Court is not inclined to delete Defendant No. 1 as their presence may be necessary for adjudication of disputes. Though no relief is claimed against Defendant No. 1, the application for deletion shall await further orders.

I.A.20509/2023 (for exemption) in CS(COMM) 740/2023

3. This is an application filed by the Plaintiff seeking exemption from filing original/certified copies and/or clean/typed/translated/legible copies with proper margin of documents. 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.

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

I.A.20507/2023 (for additional documents) in CS(COMM) 740/2023

5. 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 and the DHC (Original Side) Rules, 2018.

6. Application is disposed of.

I.A.20508/2023 in CS(COMM) 740/2023

7. This is an application for placing on record the pen drive containing the Plaintiff's sound recording and impugned sound recordings. The recordings of the impugned videos be filed on a pen drive and be uploaded on the electronic record of the Court. I.A. is disposed of.

I.A.20510/2023 (u/S 12A of the Commercial Courts Act) in CS(COMM) 740/2023

8. This is an application filed by the Plaintiff seeking exemption instituting pre-litigation mediation. Considering that there are already two suits pending between parties and 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.

CS(COMM) 740/2023

9. Let the plaint be registered as a suit.

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

11. For Defendant Nos.1 and 2 i.e. M/s Saga Music Private Limited and M/s Unisys Infosolutions Private Limited, Mr. Datt, ld. Counsel has entered appearance and accepts summons.

12. Insofar as Satinder Pal Singh Sartaaj-Defendant No.3 is concerned, Mr. Malhotra, ld. Counsel accepts summons. For Defendant No. 4-Sony Music Entertainment India Pvt. Ltd., Mr. Harsh Saxena, ld. Counsel accepts summons.

13. Written statement(s) to the plaint shall be positively filed within 30 days. Along with the written statement(s), the Defendants shall also file an affidavit of admission/denial of the documents of the Plaintiff, without which the written statement(s) shall not be taken on record.

14. Liberty is given to the Plaintiff to file the replication(s) within 15 days of the receipt of the written statement(s). Along with the replication(s), if any, filed by the Plaintiff, an affidavit of admission/denial of documents of the Defendants, be filed by the Plaintiff, without which the replication(s) 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.

15. List before the Joint Registrar for marking of exhibits on 10th November, 2023. It is made clear that any party unjustifiably denying documents would be liable to be burdened with costs.

16. List before Court on 20th March, 2024.

I.A. 20506/2023 (u/O XXXIX Rule 1 & 2 CPC) in CS(COMM) 740/2023

I.A. 9469/2023 (u/O XXXIX Rule 1 & 2 CPC) in CS(COMM) 313/2023

17. Issue notice in I.A.20506/2023. For Defendant Nos. 1 and 2 i.e. M/s Sag