Tejas Karia, J
Jiostar India Private Limited – Appellant
Versus
Vegamovies.yachts – Respondent
CS(COMM) 977/2025
| 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
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.