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05.01.2024

I.A. 261/2024 (seeking leave to file additional documents)

1.

By this application under Order XI Rule 1(4), Code of Civil

Procedure, 1908 (“CPC”) as applicable to commercial suits under the

Commercial Courts Act, 2015, plaintiff seeks time to place on record

additional documents.

2.

The plaintiff, if it wishes to file additional documents at a later stage,

shall do so strictly as per the provisions of the Commercial Courts Act,

2015 and the Delhi High Court (Original Side) Rules, 2018.

3.

Application stands disposed of accordingly.

I.A. 262/2024 (for placing Pen Drive on record)

1.

By this application under Section 151 of the CPC plaintiff seeks

permission to place on record a pen drive containing certain video footage

This is a digitally signed order.

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

The Order is downloaded from the DHC Server on 08/01/2024 at 05:18:28

of the live events as covered in plaintiff’s news programs & licensed videos.

2.

The application is allowed. Let the same be placed on record with

copy to the counsel for defendant no.1 and to other defendants, as and when

they enter appearance.

3.

Application stands disposed of accordingly.

I.A. 263/2024 (exemption from filing originals/certified copies etc.)

1.

Exemption is granted, subject to all just exceptions.

2.

Applicant shall file legible, clear, and original copies of the

documents on which the applicant may seek to place reliance before the

next date of hearing.

3.

Application stands disposed of accordingly.

I.A. 264/2024 (exemption from pre-litigation mediation)

1.

This application has been filed seeking exemption from pre-litigation

mediation, as the same will defeat the very purpose of the relief claimed by

the plaintiff.

2.

Having regard to the facts of the present case and in light of the

judgement of Division Bench of this Court in Chandra Kishore Chaurasia

v. R.A. Perfumery Works Private Ltd., FAO (COMM) 128/2021, exemption

from attempting pre institution mediation is allowed.

3.

Accordingly, the application stands disposed of.

I.A. 260/2024 (application under Order XXXIX Rule 1&2 of the CPC)

1.

This application has been moved under Order 39 Rule 1 & 2 CPC

seeking directions against the defendants, as prayed for in the said

application. The context in which the said plaint has been filed is as under.

This is a digitally signed order.

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

The Order is downloaded from the DHC Server on 08/01/2024 at 05:18:28

2.

Plaintiff is in the business of media and broadcasting services. It

operates several television channels and digital platforms in India under the

name and style of “TV9”. As part of their digital footprint, the plaintiff

carried their digital content, inter alia, on YouTube, which is platform

operated by defendant no.1. (Google LLC). Through these digital channels,

plaintiff uploads various news videos on a bouquet of subjects.

3.

Between 2020 -2023, plaintiff carried certain news programs on the

said digital channels relating to various events of natural disasters viz., the

Laura Hurricane in the United States, the ongoing Israel-Hamas war, heavy

snowfall in the United States, New York floods, and the 2023 Chinese

Balloon incident in the United States etc. For the said purpose, the plaintiff

used some on-ground footage from material available online.

4.

In December, 2023, plaintiff received strike notices by defendant nos.

2 to 5 regarding various videos which had been uploaded on the said digital

channels, on the basis that the videos uploaded by the plaintiff contained

footage of which defendant nos. 2 to 5 own copyright. Plaintiff responded

to these strike notices and various communications were exchanged

between them and defendant nos. 2 to 5, and their legal representatives.

Defendant no.1 removed the said videos of the plaintiff from YouTube,