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IN THE HIGH COURT OF DELHI AT NEW DELHI

Date of Decision: 21^st September, 2023

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CS(COMM) 657/2023 and I.A. 18425/2023-18431/2023

THE BHAKTIVEDANTA BOOK TRUST, INDIA

..... Plaintiff

Through:

Mr.

Saikrishna

Rajagopal,

Ms.

Deepshikha Sarkar and Ms. Bhanu,

Advocates (M: 9250338066).

versus

HTTPS://BHAGAVATAM.IN/#GSC.TAB=0 & ORS. .... Defendants

Through:

Mr. Debarshi Dutta, Mr. Mrinal

Ojha, Mr. Anand Raja, Mr. Tanya

Chaudhry and Mr. Shivam Tiwari

Advs. for D-17 (M: 9990952258).

CORAM:

JUSTICE PRATHIBA M. SINGH

Prathiba M. Singh, J. (Oral)

1. This hearing has been done through hybrid mode.

I.A. 18428/2023 (for exemption)

2.

This is an application filed by the Plaintiffs seeking exemption from

filing originals/cleared/certified/translated copies of documents with proper

margins, etc. 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 Delhi High Court (Original Side)

Rules, 2018.

3.

Exemption is allowed, subject to all just exceptions. Accordingly, this

application is disposed of.

I.A. 18426/2023 (u/S 12A of the Commercial Courts Act)

4. This is an application filed by the Plaintiffs seeking exemption

instituting pre-litigation mediation. In view of the orders passed in Chandra

Digitally Signed

By:RAHUL

Signing Date:25.09.2023

19:34:39

Signature Not Verified

Kishore

Chaurasia

v.

R

A

Perfumery

Works

Private

Ltd,

2022/DHC/004454, this application is allowed and disposed of.

I.A. 18429/2023 (Seeking leave to file and place on record USB)

5. This is an application seeking leave to file and place on record USB

containing infringing works and Plaintiff’s works. USB is permitted to filed.

The same is taken on record.

6. Let the files in the USB be scanned with the electronic record of this

Court.

7. The application is disposed of.

I.A. 18427/2023 (u/S 80 of CPC)

8. This is an application filed by the Plaintiffs, seeking exemption from

serving notice to Defendant No. 27 - Department of Telecommunications

(DoT) and Defendant No. 28 - the Ministry of Electronics and Information

Technology (MeitY) under Section 80 of the CPC.

9. In view of the reasons stated in the application exemption is allowed.

However, Mr. Harish V. Shankar, ld. CGSC has been requested to accept

notice.

10. Accordingly, this application is allowed and disposed of.

I.A. 18431/2023

11. This is an application seeking permission to allow the Plaintiff to refer

and rely upon the scanned copies of the books, audio book and infringing

artworks contained in the Google Drive link during the course of hearing.

12. In view of the reasons stated in the application, the same is allowed.

13. Accordingly, this application is allowed and disposed of.

I.A. 18430/2023 (place on record original books)

14. This is an application seeking leave to place on record the originals of

Digitally Signed

By:RAHUL

Signing Date:25.09.2023

19:34:39

Signature Not Verified

the books published by the Plaintiff. The same is allowed.

15. Accordingly, this application is allowed and disposed of.

CS (COMM) 657/2023

16. Let the plaint be registered as a suit.

17. Issue notices to the Defendants through all modes upon filing of

Process Fee.

18. Mr. Harish V. Shankar, ld. CGSC accepts notice on behalf of DOT

and MeitY.

19. The summons to the Defendants shall indicate that the written

statement to the plaint shall be positively filed within 30 days from 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 Plaintiffs,

without which the written statement shall not be taken on record.

20. Liberty is given to the Plaintiffs to file a replication within 15 days of

the receipt of the written statement(s). Along with the replication, if any,

filed by the Plaintiffs, an affidavit of a