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2025 Supreme(Online)(DEL) 539
HIGH COURT OF DELHI
Mini Pushkarna, J
STAR INDIA PRIVATE LIMITED – Appellant
Versus
WEBCRICHD.COM & ORS. – Respondent
CS(COMM) 136/2025
PRIYANSH KOHLI
Dynamic injunctions are essential to protect exclusive media rights against unauthorized dissemination, adapting to the evolving digital landscape while ensuring copyright protections.
Headnote:(A) Code of Civil Procedure, 1908 - Sections 151 and 80 - Commercial Courts Act, 2015 - Exemption from filing original documents and from undergoing Pre-Institution Mediation granted. Plaintiff seeks to protect exclusive media rights for ICC Champions Trophy 2025 against unauthorized dissemination by rogue websites. Court emphasizes the need for dynamic injunctions to prevent copyright infringement. (Paras 1-30)
(B) Copyright Act, 1957 - Section 37 - The plaintiff's rights over broadcast reproduction are recognized, and unauthorized use undermines their investment. Dynamic injunctions are necessary to adapt to the evolving digital landscape. (Paras 21-28)
Facts of the case:
The plaintiff holds exclusive media rights for ICC Champions Trophy 2025 and anticipates unauthorized broadcasts by rogue websites. Past instances of similar issues are cited to justify the need for immediate legal intervention.
Findings of Court:
The plaintiff has made a prima facie case for an interim injunction to protect their rights, emphasizing the urgency due to the imminent tournament.
Issues: The primary issues addressed include the need for exemptions from procedural requirements and the necessity of dynamic injunctions to safeguard against piracy.
Ratio Decidendi: The court ruled that dynamic injunctions are essential to protect the plaintiff's rights and prevent irreparable harm from unauthorized broadcasts.
Result: Interim injunction granted.
ORDER :
I.A. 4112/2025 (Exemption from filing original and certified copies of documents)
1. The present is an application under Section 151 of the Code of Civil Procedure, 1908 (“CPC”), on behalf of the plaintiff, seeking exemption from filing original/certified copies/translated versions of the documents/clearer copies or with exact margins and from filing originals of the relevant documents.
2. Exemption is granted, subject to all just exceptions.
3. Plaintiff shall file legible and clearer copies of exempted documents, compliant with Practice Rules, before the next date of hearing.
4. Accordingly, the application stands disposed of.
I.A. 4114/2025 (Application seeking leave to file additional documents))
5. This is an application under Order XI Rule 1(4) read with Section 151 CPC as amended by the Commercial Courts Act, 2015 , seeking leave to file additional documents.
6. The plaintiff, if wishes to file additional documents at a later stage, shall do so strictly as per the provisions of Commercial Courts Act, 2015 , and the Delhi High Court (Original Side) Rules, 2018.
7. The application is disposed of, with the aforesaid directions.
I.A. 4113/2025 (Exemption from issuing notice to defendant nos. 12, 15, 19 and 20)
8. The present is an application under Section 80 read with Section 151 CPC, seeking exemption from issuing notice to defendant nos. 12, 15, 19 and 20.
9. Upon payment of process fee, issue notice to defendant No. 12 (Bharat Sanchar Nigam Ltd.), defendant no. 15 (Mahanagar Telephone Nigam Ltd.) defendant no. 19 (Department of Telecommunications (‘DOT’)) and defendant no. 20 (Ministry of Electronics and Information Technology (‘MEITY’), by all permissible modes, returnable on 05th May, 2025.
10. Reply, if any, be filed within four weeks from date of service.
Rejoinder thereto, if any, be filed within two weeks thereafter.
I.A. 4115/2025 (Exemption from undergoing Pre-Institution Mediation)
11. The present is an application under Section 12A of the Commercial Courts Act, 2015 , read with Section 151 of CPC, seeking exemption from undergoing Pre-Institution Mediation.
12. Having regard to the facts of the present case and in the light of the judgments of Supreme Court in the case of Yamini Manohar Versus T.K.D. Keerthi , 2023 SCC OnLine SC 1382 , and Division Bench of this Court in Chandra Kishore Chaurasia Versus RA Perfumery Works Private Ltd. , 2022 SCC OnLine Del 3529 , exemption from attempting Pre-Institution Mediation, is granted.
13. Accordingly, the application stands disposed of.
CS(COMM) 136/2025
14. Let the plaint be registered as a suit.
15. Upon filing of Process Fee, issue summons to the defendants by all permissible modes. Summons shall state that the written statement shall be filed by the defendants within 30 days from the 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.
16. Liberty is given to the plaintiff to file a replication within 15 days of the receipt of the written statement. Along with the replication, 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 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.
17. List before the Joint Registrar for marking of exhibits on 22nd April, 2025.
18. It is made clear that any party unjustifiably denying documents would be liable to be burdened with costs.
19. List before Court on 05th May, 2025.
I.A. 4111/2025 (Application under Order XXXIX Rules 1 and 2 CPC)
20. Issue notice to defendants, by all permissible modes, upon filing of process fee, returnable on the next date of hearing.
21. The counsel for plaintiff has presented the following facts and contentions:
21.1. The subject matter of the pres
