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2024 Supreme(Online)(DEL) 33202
HIGH COURT OF DELHI
Mini Pushkarna, J
ENTERTAINMENT NETWORK INDIA LIMITED – Appellant
Versus
MISSMALINI ENTERTAINMENT PVT LTD AND OTHERS – Respondent
CS(COMM) 1141/2024
VINOD MALHOTRA
The court established that unauthorized use of copyrighted material constitutes infringement, warranting an injunction to protect the owner's rights.
Headnote:(A) Code of Civil Procedure, 1908 - Section 151 - Commercial Courts Act, 2015 - Section 12A - Exemption from filing original documents and undergoing Pre-Institution Mediation granted based on relevant case law - Plaintiff's application for leave to file additional documents and electronic records allowed under applicable rules - Exemption from prior service upon certain defendants granted - Extension of time for filing court fees noted - Amendment of plaint allowed as the matter is fresh. (Paras 1-24)
(B) Copyright - Infringement of copyright in cinematograph and dramatic works - Plaintiff, a prominent radio broadcaster, seeks injunction against defendant for unauthorized use of its content - Court finds prima facie case for injunction, balancing convenience in favor of the plaintiff, and restrains defendant from using plaintiff's copyrighted material. (Paras 30-58)
Facts of the case:
The plaintiff, a leading radio broadcaster, filed a suit seeking permanent injunction against the defendants for infringing its copyright in the show 'What Women Want' by unauthorized posting of interviews and related content. The plaintiff demonstrated significant investments and ownership of the intellectual property rights associated with the show. (Paras 30-36)
Findings of Court:
The court found that the plaintiff established a prima facie case for the grant of injunction, noting the potential for irreparable harm and the balance of convenience favoring the plaintiff. The defendants were restrained from using the plaintiff's copyrighted material. (Paras 57-58)
Issues: The main issues included whether the defendants infringed the plaintiff's copyright and the appropriateness of granting an injunction to prevent further unauthorized use. (Paras 30-58)
Ratio Decidendi: The court ruled that the plaintiff's ownership of the copyright was established, and the defendants' actions constituted infringement, warranting an injunction to prevent further unauthorized use of the plaintiff's content. (Paras 57-58)
Result: Defendants restrained from using plaintiff's copyrighted material and ordered to take down infringing content within 48 hours.
O R D E R
I.A. 48676/2024 (Exemption from filing original and clear copies of documents) CS(COMM)1141/2024 Page1of16
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/legible/typed copies of dim annexures.
2. Exemption is granted, subject to all just exceptions.
3. Plaintiff shall file legible, clear, and translated copies of the documents, on which the plaintiffs may seek to place reliance, before the next date of hearing.
4. Accordingly, the present application is disposed of.
I.A. 48677/2024 (Exemption from instituting Pre-Institution Mediation) 5. 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.
6. Having regard to the facts of the present case and in the light of the judgment 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.
7. Accordingly, the application stands disposed of.
I.A. 48678/2024 (Application seeking leave to file additional documents) 8. 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.
9. The plaintiff, if it 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.
CS(COMM)1141/2024 Page2of16
10. The application is disposed of, with the aforesaid directions.
I.A. 48679/2024 (seeking leave to file documents in Compact Disc(s)/ Pen Drive)
11. The present application has been filed on behalf of the plaintiff under Section 151 of CPC seeking leave to file documents in a CD/USB Flash Drive.
12. In terms of Rule 24 of Chapter-XI of the Delhi High Court (Original Side) Rules, 2018, it is made clear that electronic records can be received in CD/DVD/Medium, encrypted with a hash value. The said Rule is extracted as below:
“24. Reception of electronic evidence - A party seeking to tender any electronic record shall do so in a CD/ DVD/ Medium, encrypted with a hash value, the details of which shall be disclosed in a separate memorandum, signedby the party inthe form of an affidavit. This will be tendered along with the encrypted CD/ DVD/ Medium in the Registry. The electronic record in the encrypted CD/ DVD/ Medium will be uploaded on the server of the Court by the Computer Section and kept in an electronic folder which shall be labeled with the cause title, case number and the date of document uploaded on the server. Thereafter, the encrypted CD/ DVD/ Medium will be returned to the party on the condition that it shall be produced at the time of admission/denial of the documents and as and when directed by the Court/ Registrar. The memorandum disclosing the hash value shall be separately kept by the Registry on the file. The compliance with this rule will not be construed as dispensing with the compliance with any other law for the time being in force including Section 65B of the IndianEvidenceAct,1872.”
13. Accordingly, Registry may receive electronic record in a Compact Disk (“CD”)/ DVD/ Medium, so long as it is encrypted with a hash value or in any other non-editable format. The CD/ DVD/ Medium containing the documents, be placed in the electronic record of the present suit.
14. Accordingly, the present application is allowed and the plaintiff is allowed to place the documents in a CD/ DVD/ Medium.
CS(COMM)1141/2024 Page3of16
15. With the aforesaid directions, the present application is disposed of.
I.A. 48680/2024 (Exemption from prior service)
16. The present application has been filed on behalf of the plaintiff under S
