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2025 Supreme(Online)(Del) 5657
IN THE HIGH COURT OF DELHI AT NEW DELHI
Tejas Karia, J
AISHWARYA RAI BACHCHAN – Appellant
Versus
AISHWARYAWORLD.COM & ORS. – Respondent
CS(COMM) 956/2025
For the Appellants/Petitioners: Mr. Sandeep Sethi, Mr. Pravin Anand, Mr. Ameet Naik, Ms. Madhu Gadodia, Mr. Dhruv Anand, Ms. Udita Patro, Ms. Nimrat Singh, Ms. Deevesha Tudekar, Mr. Dhananjay Khanna, Ms. Aayushi Udani, Ms. Riya Kumar
For the Respondents: Ms. Mamta Rani Jha, Mr. Rohan Ahuja, Ms. Shruttima Ehersa, Ms. Devangini Rai, Ms. Aiswarya Debadarsini, Ms. Diya, Ms. Jahanvi
The unauthorized use of a person's personality rights for commercial gain constitutes infringement and passing off, justifying injunctive relief to protect reputation and dignity.
Headnote:(A) Commercial Courts Act, 2015 - Section 12A - Code of Civil Procedure, 1908 - Sections 149, 151 - Plaintiff seeks exemption from pre-litigation Mediation and other reliefs concerning unauthorized use of her Personality Rights. Relief includes injunctions against multiple defendants for misappropriation of Plaintiff’s images and persona, highlighting that unauthorized use constitutes infringement and passing off. (Paras 2, 36)
(B) Personality Rights - Legal principles emphasize control and protection of one’s image and likeness from unauthorized exploitation, which can lead to confusion among the public regarding endorsement. (Paras 34, 39)
Facts of the case:
The Plaintiff is a celebrated personality who alleges unauthorized usage of her persona by multiple defendants through various mediums, including websites and Artificial Intelligence. The infringement claims are based on the unauthorized use of her likeness for commercial gain, which raises concerns about reputational damage and market confusion.
Findings of Court:
The court finds a prima facie case for the grant of an ex-parte injunction with implications for the Plaintiff’s goodwill, reputation, and dignity affected by the unauthorized actions of the Defendants.
Issues: The key issues revolve around the merit of personality rights infringement versus usage without consent, and the legal recourse available to protect such rights from commercial exploitation.
Ratio Decidendi: The Court's decision reiterates that unauthorized exploitation of personality rights can result in not only financial loss but also harm to dignity and reputation, warranting immediate injunctive relief to prevent further unauthorized usage.
Result: Interim injunction granted along with specific directions to defendants to refrain from infringing on the Plaintiff’s rights.
ORDER
% 09.09.2025 I.A. No.22168/2025 (Exemption from pre-institution Mediation)
1. This is an Application filed by the Plaintiff seeking exemption from instituting pre-litigation Mediation under Section 12A of the Commercial Courts Act, 2015 (“CC Act”)
2. As the present matter contemplates urgent interim relief, in light of the judgment of the Supreme Court in Yamini Manohar v. T.K.D. Krithi 2023 SCC OnLine SC 1382, exemption from the requirement of pre- institution Mediation is granted.
3. The Application stands disposed of.
I.A. No.22166/2025 (Exemption)
4. Exemption is allowed, subject to all just exceptions.
5. The Application is disposed of.
I.A. No.22167/2025 (Extension of time to file Court Fees)
6. The present Application has been filed by the Plaintiff under Section 149 read with Section 151 of the Code of Civil Procedure, 1908 (“CPC”) seeking exemption from payment of Court Fees at the time of the filing of the Suit.
7. Considering the submissions made in the present Application, time of two weeks is granted to file the Court Fees.
8. The Application stands disposed of.
IA No.22165/2025 (O-XI R-1(4) of the Code of Civil Procedure, 1908)
9. The present Application has been filed on behalf of the Plaintiff under Order XI Rule 1(4) of the CPC as applicable to Commercial Suits under the CC Act seeking leave to place on record additional documents.
10. The Plaintiff is permitted to file additional documents in accordance with the provisions of the CC Act and the Delhi High Court (Original Side) Rules, 2018.
11. Accordingly, the Application stands disposed of.
I.A. No.22169/2025 (Extension of time for filing the Certificate under Section 63(4)(c) of the Bharatiya Sakshya Adhiniyam, 2023)
12. This is an Application filed by the Plaintiff under Section 151 of the CPC seeking extension of time for filing the requisite Certificate under Section 63(4)(c) of the Bhartiya Sakshya Adhiniyam, 2023.
13. The Plaintiff shall file the relevant Certificate within a period of four weeks.
14. Accordingly, the Application is allowed in the aforesaid terms.
I.A. No.22170/2025 (for exemption from giving written notice to the government authority)
15. This is an Application filed by the Plaintiff under Section 80(2) read with Section 151 of the CPC seeking exemption from serving prior notice under Section 80 of the CPC to Defendant No. 11, i.e., the Ministry of Electronics and Information Technology and Defendant No. 12, i.e., Department of Telecommunications.
16. For the reasons stated in the Application, the same is allowed.
17. The Application stands disposed of. CS(COMM) 956/2025
18. Let the Plaint be registered as a Suit.
19. Issue Summons. The learned Counsel for Defendant No.10 accepts Summons for Defendant No. 10. Learned Counsel for Defendant No.10 submits that Defendant Nos. 8 and 9 have been impleaded through Defendant No.10 and their address mentioned in the Plaint is the same as that of Defendant No.10, which is incorrect. Learned Counsel for Defendant No. 10 further submits that Defendant No. 10 shall provide all the available Basic Subscriber Information of Defendant Nos. 8 and 9, including their addresses, contact numbers and email addresses. Let the same be provided within a period of 7 days. Upon receipt of the said details, the learned Counsel for the Plaintiff shall file an amended Memo of Parties.
20. Let the Summons be served on Defendant Nos. 1 to 7, 11 and 12 through all permissible modes upon filing of the Process Fees. Let Summons be served to Defendant Nos. 8 and 9 at the correct address of Defendant Nos. 8 and 9 through all permissible modes, once the amended Memo of Parties is filed by the Plaintiff.
21. The Summons shall state that the Written Statement(s) shall be filed by the Defendant(s) within 30 days from the date of the receipt of Summons. Along with the Written Statement(s), the Defendant(s) shall also file an Affidavit of Admission / Denial of the documents of the Plaintiff, without which the Written Statement(s) shall not be take
