IN THE HIGH COURT OF DELHI AT NEW DELHI
CS(COMM) 566/2025
JIOSTAR INDIA PVT. LTD. FORMERLY KNOWN AS STAR INDIA PVT. LTD. .....Plaintiff
Through: Mr. Sidharth Chopra, Mr. Yatinder Garg and Mr. Priyansh Kohli, Advocates
Versus
HTTPS//CRICLK.COM & ORS. .....Defendants
Through: None.
CORAM: HON'BLE MR. JUSTICE SAURABH BANERJEE
O R D E R
29.05.2025
I.A. 14086/2025 (Exemption from pre-litigation mediation)
1. Vide the present application under Section 12A of the Commercial Courts Act, 2015, read with Section 151 of the Code of Civil Procedure, 1908 (CPC), the plaintiff seeks exemption from pre-litigation mediation.
2. Considering the averments made in the present application, as also since the plaintiff is seeking ex parte ad interim injunction in an accompanying application, and in view of the judgment passed by the Hon’ble Supreme Court in Yamini Manohar v. T.K.D. Krithi 2024 (5) SCC 815, which has been followed by a Division Bench this Court in Chandra Kishore Chaurasia v. R. A. Perfumery Works Private Limited 2022:DHC:4454-DB, the plaintiff is exempted from instituting pre litigation mediation.
3. Accordingly, the present application stands disposed of.
I.A. 14084/2025 (Exemption from advance service to defendants)
4. Vide the present application under Section 151 of the CPC, the plaintiff seeks exemption from advance service upon the defendant nos.9, 12, 17 and 18.
5. Vide the present application filed under Section 80, read with Section 151 of the CPC, the plaintiff seeks exemption from the requirement of advance service upon the defendant nos.9 and 12, namely Bharat Sanchar Nigam Ltd. (‘BSNL’) and Mahanagar Telephone Nigam Ltd. (‘MTNL’) respectively and defendant nos.17 and 18, namely Department of Telecommunications (‘DoT’) and Ministry of Electronics and Information Technology (‘MEITY’) respectively, on the ground that no formal remedy/ relief as prescribed under the Copyright Act, 1957 (‘Act of 1957’), is being claimed against them, as also since they are only being arrayed to ensure compliance with any orders that may be passed by this Court.
6. For the reasons stated in the present application, as also taking into account the aforesaid factors, and since it would be in the interest of justice, the plaintiff is granted exemption from effecting advance service upon the aforesaid defendant nos.9, 12, 17 and 18.
7. Accordingly, the present application stands disposed of.
I.A. 14085/2025 (Additional documents)
8. Vide the present application under Order XI Rule 1(4) read with Section 151 of the CPC, the plaintiff seeks leave of this Court to file additional documents.
9. The plaintiff will be at liberty to file additional documents at a later stage, albeit, after initiating appropriate steps, strictly as per the provisions
of the Commercial Courts Act, 2015 read with Section 151 of the CPC and the Delhi High Court (Original Side) Rules, 2018.
10. Accordingly, the present application stands disposed of.
CS(COMM) 566/2025
11. The plaintiff, by way of the present plaint, seeks permanent injunction, rendition of account, damages for infringement of copyright under the Act of 1957, as also appropriate directions to the arrayed authorities.
12. Let the plaint be registered as a suit.
13. Upon filing of the process fee, issue summons of the suit to the defendants through all permissible modes returnable before the learned Joint Registrar on 01.09.2025.
14. The summons shall state that the written statement(s) be filed by the defendants within a period of thirty days from the date of the receipt of the summons. Written statement(s) be filed by the defendants along with affidavit of admission/ denial of documents of the plaintiff, without which the written statement(s) shall not be taken on record.
15. Replication(s) thereto, if any, be filed by the plaintiff within a period of fifteen days from the date of receipt of written statement(s). The said replication(s), if any, shall be accompanied by with affidavit of admission/ denial of documents filed by the defendants, without which the replication(s) shall not be taken on record within the aforesaid period of fifteen days.
16. If any of the parties wish to seek inspection of any document(s), the same shall be sought and given within the requisite timelines
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