O R D E R

% 09.09.2024 I.A. 38834/2024 (pre-litigation mediation)

1. The plaintiff vide the present application seeks exemption from instituting pre-litigation mediation.

2. Considering the averments made in the present application wherein the plaintiffs seek urgent ad-interim reliefs and in view of Yamini Manohar vs. T.K.D. Krithi 2023 SCC OnLine 1382 and Chandra Kishore Chaurasia vs. R. A. Perfumery Works Private Limited 2022:DHC:4454-

DB, the plaintiff is exempted from instituting pre-litigation mediation. 3. Accordingly, the present application is allowed and disposed of.

I.A. 38835/2024 (exemption)

4. Exemption allowed as sought, subject to all just exceptions.

5. The application stands disposed of.

CS(COMM) 770/2024 Page 1 of 9 CS(COMM) 770/2024 and I.A. 38836/2024

6. The plaintiff by way of the present suit seek permanent injunction restraining infringement of copyright, damages, rendition of accounts of profit etc.

7. Let the plaint be registered as a suit.

8. Issue summons.

9. Learned counsel for defendant no.1 appearing on advance notice accepts summons. He seeks, and is granted thirty days for filing the written statement. Replication thereto, if any, be filed within a period of two weeks thereafter.

10. Upon filing of the process fee, issue summons of the suit to the defendant nos.2 and 3 through all permissible modes returnable before the Joint Registrar on 22.11.2024.

11. The summons shall state that the written statement(s) be filed by the defendant nos. 2 and 3 within a period of thirty days from the date of the receipt of the summons.

12. Written statement(s) be filed by the defendants along with affidavit(s) of admission/ denial of documents of the plaintiffs, without which the written statement(s) shall not be taken on record.

13. Replication(s) thereto, if any, be filed by the plaintiff within a period of fifteen days from the date of receipt of written statement(s) of the defendant nos.2 and 3.

14. The said replication(s), if any, shall be accompanied by with affidavit(s) of admission/ denial of documents filed by the defendants, without which the replication shall not be taken on record within the aforesaid period of fifteen days.

CS(COMM) 770/2024 Page 2 of 9

15. If any of the parties wish to seek inspection of any document(s), the same shall be sought and given within the requisite timelines.

16. List before the Joint Registrar for completion of pleadings on 22.11.2024. It is made clear that if any party unjustifiably denies any document(s), then it would be liable to be burdened with costs.

17. In the meanwhile, as per the request of the learned (senior) counsels for the parties, the parties are referred to Delhi High Court Mediation and Conciliation Centre for mediation proceedings on 23.09.2024 at 04:00 PM. The parties with their nominated/ authorized representatives are free to appear before Delhi High Court Mediation and Conciliation Centre either physically or through Video Conferencing.

18. List before the Court on 14.01.2025.

I.A. 38833/2024 (Stay)

19. The plaintiff vide the present application seeks an ex-parte ad-

interim injunction against the defendants.

20. As per pleadings before this Court and arguments addressed in support thereof by the learned counsel for plaintiff, the case of the plaintiff is as under:-

20.1 The plaintiff company was established in 2002 and today, it is a well renowned name in broadcasting and media solutions. Starting of as a leading satellite channel distribution company in India in its formative years, the plaintiff has since diversified into a wide array of services.

20.2 The plaintiff today is the copyright owner of a large repertoire of sound recordings and for the utilization of its sound recordings for on- ground performances, it grants authorization/ licenses to hotels, restaurants, lawns, discotheque, resorts, malls, stadiums and other venues, CS(COMM) 770/2024 Page 3 of 9 users and entities for communication to the public. The repertoire of sound recordings owned by the plaintiff i