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2025 Supreme(Online)(Del) 48766

Tejas Karia, J
Jiostar India Private Limited – Appellant
Versus
Vegamovies.yachts – Respondent
CS(COMM) 977/2025



Advocates:
For the Appellants/Petitioners: Sidharth Chopra, Yatinder Garg, Priyansh Kohli, Ishi Singh
For the Respondents: Aishwarya Kane

The court may grant a 'Dynamic+' injunction to protect copyright holders against rogue websites by extending blocking orders beyond currently identified infringing content to future content and newly discovered websites, preventing potential irreparable financial loss due to digital piracy.

Headnote:The Plaintiff, a film production company, sought a permanent injunction against various rogue websites to prevent unauthorized streaming, hosting, or dissemination of its upcoming film. The court analyzed provisions under the Code of Civil Procedure, 1908 and the Commercial Courts Act, 2015, determining whether the Plaintiff, as the exclusive owner of copyright and intellectual property rights, established a prima facie case for relief. The court found that unauthorized online dissemination of the film would cause irreparable loss, justifying the grant of an ex-parte ad-interim injunction. The court addressed the issues of copyright infringement and the necessity of 'Dynamic+' injunctions to tackle rogue websites that frequently mutate. It reasoned that the potential for instantaneous financial loss in the digital age necessitates swift, effective measures, including blocking orders against identified domain registrars and internet service providers, to protect the copyright holder's interests. The court granted an ex-parte ad-interim injunction against the identified websites and directed domain registrars and service providers to block access to the infringing platforms, with liberty for the Plaintiff to seek real-time blocking of newly discovered infringing websites.

Table of Content
1. procedural compliance regarding documentation, court fees, mediation, and notice requirements in commercial suits. (Para 1 , 2 , 3 , 4 , 5 , 6 , 7 , 8 , 9 , 10 , 11 , 12)
2. registration of plaint, issuance of summons, and pleadings management in commercial litigation. (Para 13 , 14 , 15 , 16 , 17 , 18 , 19 , 20)
3. prima facie case for injunction based on exclusive ownership of copyright in cinematograph films. (Para 21 , 22 , 23 , 24 , 25 , 26 , 27 , 28 , 29 , 30 , 31 , 32 , 33)
4. necessity of dynamic injunctions to prevent irreparable financial loss due to unauthorized online dissemination. (Para 34 , 35 , 36 , 37 , 38 , 39)
5. operational directives for isps and registrars to block infringing content effectively. (Para 40 , 41 , 42 , 43 , 44 , 45 , 46)

ORDER

I.A. 22642/2025 (O-XI R-1(4) of the Code of Civil Procedure, 1908)

1. The present Application has been filed on behalf of the Plaintiff under Order XI Rule 1(4) of the Code of Civil Procedure, 1908 (“CPC”) as applicable to Commercial Suits under the Commercial Courts Act, 2015 (“CC Act”) seeking leave to place on record additional documents.

2. 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.

3. Accordingly, the Application stands disposed of.

I.A. 22643/2025 (Extension of time to file Court Fees)

4. The present Application has been filed by the Plaintiff under Section 149 read with Section 151 of the CPC, seeking exemption from payment of Court Fees at the time of the filing of the Suit.

5. Considering the submissions made in the present Application, time of two weeks is granted to file the Court Fees.

6. The Application stands disposed of.

I.A. 22640/2025 (Exemption from pre-institution Mediation)

7. This is an Application filed by the Plaintiff seeking exemption from instituting pre-litigation Mediation under Section 12A of the CC Act.

8. 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.

9. The Application stands disposed of.

I.A. 22641/2025 (for exemption from giving written notice to the government authority)

10. This is an Application filed by the Plaintiff under Section 80 read with Section 151 of the CPC seeking exemption from serving two months’ prior notice under Section 80 of the CPC to Defendant No. 36, i.e., Bharat Sanchar Nigam Ltd., Defendant No. 39, i.e., Mahanagar Telephone Nigam Ltd., Defendant No. 44, i.e., Department of Telecommunications and Defendant No. 45, i.e., the Ministry of Electronics and Information Technology.

11. For the reasons stated in the Application, the same is allowed.

12. The Application stands disposed of.

CS(COMM) 977/2025

13. Let the Plaint be registered as a Suit.

14. Issue Summons. The learned Counsel for Defendant Nos. 31 and 34 accepts Summons.

15. Let the Summons be served to the remaining Defendants through all permissible modes upon filing of the Process Fee.

16. The Summons shall state that the Written Statement(s) shall be filed by the Defendants within 30 days from the date of the receipt of Summons. Along with the Written Statement(s), the Defendants shall also file an Affidavit of Admission / Denial of the documents of the Plaintiff, without which the Written Statement(s) shall not be taken on record.

17. Liberty is granted to the Plaintiff to file Replication(s), if any, within 30 days from the receipt of the Written Statement(s). Along with the Replication(s) filed by the Plaintiff, an Affidavit of Admission / Denial of the documents of Defendants be filed by the Plaintiff, without which the Replication(s) shall not be taken on record.

18. In case any Party is placing reliance on a document, which is not in their power and possession, its details and source shall be mentioned in the list of reliance, which shall also be filed with

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