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2026 Supreme(Online)(Del) 11586
IN THE HIGH COURT OF DELHI AT NEW DELHI
Tejas Karia, J
AMBUJA CEMENTS LIMITED VS. SUDHEER SHARMA AND ORS.
CS(COMM) 475/2026
For the Appellants/Petitioners: Harsh Kaushik, Abhay Chattopadhyay, Abhishek Shrivastava, Sachin Akhoury, Rohini Roy
For the Respondents: Rajiv Nayyar, Sagar Chandra, Srijan Uppal, Mehek Dua, Stuti Jain, Sakshi Khandelwal, Nanam Maheshwari, Prabhav Bahuguna
A licensee is obligated to cease all use and exploitation of copyrighted works immediately upon the expiry or termination of a license agreement; failure to do so may justify interim injunctive relief.
Headnote:The case involves the Commercial Courts Act, 2015 and the Code of Civil Procedure, 1908. The plaintiff alleges copyright infringement by the defendant, an ex-licensee, who continued to host licensed content on its platform after the expiry of license agreements dated 15.11.2017 and 06.11.2020, violating the requirement to cease exploitation of the work upon termination. The court allowed applications for the submission of videographic proof and additional documents. The primary issue is whether the continued hosting of copyrighted content post-license expiry constitutes infringement and whether an interim injunction is warranted. The court observed that while the defendant claimed the usage was unintentional and residual, the plaintiff provided evidence of ongoing infringement. The court reasoned that the defendant must ensure the removal of the licensed works. Accordingly, with the consent of the Parties, they are referred to mediation before the Delhi High Court Mediation and Conciliation Centre (“DHCMCC”), where they shall appear on 20.05.2026 at 02:30 PM.
| Table of Content |
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| 1. procedural registration of a commercial suit and admission of evidence/documents. (Para 1 , 2 , 3 , 4 , 5 , 6 , 7 , 8 , 9 , 10 , 11 , 12 , 13 , 14 , 15 , 16 , 17 , 18 , 19 , 20 , 21 , 22) |
| 2. arguments regarding copyright infringement following the expiration of license agreements. (Para 23 , 24 , 25) |
| 3. grant of interim directions and referral of parties to mediation for settlement. (Para 26 , 27 , 28 , 29 , 30 , 31) |
O R D E R
CAVEAT 204/2026
1. Mr. Sagar Chandra, the learned Counsel enters appearance on behalf of the Defendant.
2. Caveat stands discharged.
I.A. 12520/2026 (Exemption)
3. Exemption is allowed, subject to all just exceptions.
4. The Application stands disposed of.
I.A. 12521/2026
5. This Application has been filed on behalf of the Plaintiff seeking permission to place on record pen drive containing the videographic proofs of the Defendant’s infringement of the Plaintiff’s Copyright in its work(s).
6. In the facts and circumstances as stated in the Application, the same is allowed. The pen drive be taken on record.
7. Accordingly, the Application stands disposed of.
I.A. 12522/2026
8. This Application has been filed on behalf of the Plaintiff seeking leave to place on record additional infringements committed by the Defendant.
9. For the reasons stated in the Application, the same is allowed. The Plaintiff is permitted to place on record additional infringements committed by the Defendant.
10. Accordingly, the Application stands disposed of.
11. Let the Plaint be registered as a Suit.
12. Issue Summons. The learned Counsel for the Defendant accepts Summons on behalf of the Defendant.
13. The Written Statement shall be filed by the Defendant within 30 days from date. Along with the Written Statement, the Defendant shall also file an Affidavit of Admission / Denial of the documents of the Plaintiff, without which the Written Statement shall not be taken on record.
14. Liberty is granted to the Plaintiff to file Replication, if any, within 30 days from the receipt of the Written Statement. Along with the Replication filed by the Plaintiff, an Affidavit of Admission / Denial of the documents of Defendant be filed by the Plaintiff, without which the Replication shall not be taken on record.
15. 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 the pleadings.
16. If any of the Parties wish to seek inspection of any documents, the same shall be sought and given within the prescribed timelines.
17. List before the learned Joint Registrar on 13.08.2026 for completion of pleadings.
I.A. 12519/2026 (O-XI R-1(4) of the Code of Civil Procedure, 1908)
18. 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.
19. 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.
20. Accordingly, the Application stands disposed of.
I.A. 12518/2026 (u/O XXXIX Rules 1 and 2 of CPC)
21. This Application is filed on behalf of the Plaintiff under Order XXXIX Rules 1 and 2 read with Section 151 of the CPC for grant of ex-parte ad-interim injunction.
22. Issue Notice. The learned Counsel for the Defendant accepts Notice on behalf of the Defendant.
23. The learned Counsel for the Plaintiff submitted that the Defendant had been a licensee of the Plaintiff’s licensed work under licence agreements dated 15.11.2017 and 06.11.2020 and that the said licences have since expired and the Defendant is now an ex-licensee. The learned Counsel for the Plaintiff further placed reliance on clause 7.1 of the agreement dated 15.11.2017 to contend that upon expiry / termination of the agreem
