The court determined that mere ideas cannot be copyrighted under statutory law, and the plaintiff's claims lacked originality and evidence of substantial similarity with the defendants' league format.

ORDER

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I.A.880/2022 (Exemption)

1. Allowed, subject to just exceptions.

2. The application is disposed of.

I.A.879/2022 (by plaintiff u/O II R-2 CPC seeking leave of the court to omit the claim for damages at present)

3. Allowed, subject to just exceptions.

4. The application is disposed of.

I.A.877/2022 (by plaintiff u/S 12A of the Commercial Courts Act, 2015 r/w S-151 CPC seeking exemption from pre-institution meditation)

5. This application has been filed by the plaintiff seeking leave of the court to institute the suit without taking recourse to pre-institution mediation. It is submitted by Mr. Sandeep Sethi, learned senior counsel for the plaintiff, that on account of the urgent interim reliefs that have been claimed in the present suit, the recourse has not been made to pre-institution mediation and so, it is prayed that the exemption may be granted.

6. Mr. Rajiv Nayar, learned senior counsel appearing on behalf of the defendants No.2 to 4, has relied on the order dated 8th September, 2021 of this Court in CS(COMM) 415/2021 titled ECL Finance Ltd. v. Tashee Nirman Pct. Ltd. and Ors., to submit that substantial compliance of the provisions was essential and there was no verbal or documentary communication to show that any effort had been made to work out a settlement between the parties. Hence, the learned senior counsel submitted that the suit, being premature, could not be taken up for hearing.

7. In response, learned senior counsel for the plaintiff submitted that the relief was claimed in respect of a Tournament to be held from 20th January, 2022, and nothing could be more urgent and pressing as the suit could be filed only on 15th January, 2022 and therefore, the plaintiff had no occasion to initiate pre-institution mediation in keeping with sub-section (1) of Section 12A of the Commercial Courts Act, 2015. Since the suit contemplated extremely urgent relief, the plaintiff could not be asked to approach the Mediation Centre before coming to court.

8. After considering the rival submissions, since there is force found in the contention of the learned senior counsel for the plaintiff that the suit, when filed on 15th January, 2022, entailed urgent interim relief in respect of the conduct of the cricket tournament starting on the 20th January, 2022, the plaintiff was justified in not initiating pre-institution mediation.

9. The application is accordingly allowed and the plaintiff is exempted from initiating pre-institution mediation.

10. The application is disposed of.

I.As.875/2022 (by plaintiff u/O XXXIX R-1 & 2 r/w S-151 CPC for ex-parte ad-interim injunction), 876/2022 (by plaintiff u/O XXXIX R-1 & 2 r/w S-151 CPC for ex-parte ad-interim injunction), 878/2022 (by plaintiff u/S 151 CPC for rendition of true accounts of the defendant No.5, absolute legends private limited)

11. These three applications were taken up for hearing and final disposal.

12. Learned senior counsel/counsel for the defendants have appeared on advance notice and have opposed the gr