2024 Supreme(Online)(DEL) 21151
CS(COMM) 254/2024 Page 1 of 12 $~57 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CS(COMM) 254/2024 VIACOM 18 MEDIA PRIVATE LIMITED ..... Plaintiff Through:
Mr. Sidharth Chopra, Mr. Yatinder Garg, Ms. Suhasini Raina, Mr. Sanidhya Maheshwari and Mr.
Priyansh Kohli, Advocates.
versus JOHN DOE & ORS.
..... Defendants Through:
None.
CORAM:
HON'BLE MR. JUSTICE SANJEEV NARULA
PRIYANSH KOHLI
ORDER
% 22.03.2024 I.A. 6788/2024(seeking exemption from service)
1. Plaintiff has approached the Court seeking urgent interim reliefs.
Therefore, given the peculiar facts and circumstances of this case, exemption is granted from effecting advance service upon the Defendants mentioned in the prayer clause.
2. The application is allowed and disposed of.
I.A. 6787/2024(seeking exemption)
3. Exemption is granted, subject to all just exceptions.
4. Plaintiff shall file legible and clearer copies of exempted documents, compliant with practice rules, before the next date of hearing.
CS(COMM) 254/2024 Page 2 of 12
5. Disposed of.
I.A. 6789/2024(seeking leave to file additional documents)
6. This is an application seeking leave to file additional documents under the Commercial Courts Act, 2015.
7. If Plaintiff wishes to file additional documents at a later stage, they shall do so strictly as per the provisions of the said Act.
8. Disposed of.
CS(COMM) 254/2024
9. Let the plaint be registered as a suit.
10. Upon filing of process fee, issue summons to Defendants by all permissible modes. Summons shall state that the written statement(s) shall be filed by Defendants within 30 days from the date of receipt of summons.
Along with the written statement(s), Defendants shall also file affidavit(s) of admission/denial of the documents of Plaintiff, without which the written statement(s) shall not be taken on record.
11. Liberty is given to the Plaintiff to file replication(s) within 15 days of the receipt of the written statement(s). Along with the replication(s), if any, filed by Plaintiff, affidavit(s) of admission/denial of documents of Defendants, be filed by the Plaintiff, without which the replication(s) 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.
12. List before the Joint Registrar for marking of exhibits on 22nd May,
2024. It is made clear that any party unjustifiably denying documents would be liable to be burdened with costs.
13. List before Court for framing of issues thereafter.
CS(COMM) 254/2024 Page 3 of 12 I.A. 6786/2024 (u/O XXXIX Rules 1 and 2 of CPC)
14. Issue notice to Defendants, by all permissible modes, upon filing of process fee, returnable on the next date of hearing.
15. Counsel for Plaintiff has presented the following facts and contentions:
15.1. The subject matter of the present suit pertains to the Indian Premier League (IPL), which is a Twenty20 (T20) cricket franchise league in India owned and operated by the Board of Control for Cricket in India (BCCI). The TATA IPL 2024 is scheduled to run from 22nd March, 2024 till the end of May 2024. The matches are being held in India and include a total of 74 T20 matches [collectively, “IPL Events”].
15.2. The Plaintiff– Viacom 18 Media Private Limited owns media rights in respect of various sporting events relating to, inter alia, football, badminton, hockey, MotoGP as well as domestic and international cricket matches organized by the BCCI. Plaintiff also owns and operates several general entertainment channels and regional channels including but not limited to Colors, Sports 18 1 SD, Sports 18 1 HD, Sports 18 Khel, MTV, MTV Beats, Nick etc. Additionally, Plaintiff owns and operates the online video streaming platform/ website ‘www.jiocinema.com’ and the mobile application ‘JioCinema’.
15.3. Plaintiff entered into the Media Rights Agreement dated 27th June, 2022 [“Agreement”] with the BCCI for exclusive digital media rights (for Indian sub-continent) and Television rights (for overseas) in relation to the IPL Events for a period of five years from 2023 to 2027. The existence of these rights in favour of the Plaintiff, details whereof have been CS(COMM) 254/2