Full Judgment Text
* IN THE HIGH COURT OF DELHI AT NEW DELHI
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% Decided on: 12 September, 2019
+ CS(COMM) 195/2019
STAR INDIA PVT. LTD. ..... Plaintiff
Represented by: Mr. Sidharth Chopra, Mr. Yatinder
Garg, Mr. Vivek Ayyagari, Advs.
versus
EXTRAMOVIES.HOST & ORS. ..... Defendant
Represented by: Mr. Jivesh Tiwari, Sr. Ad.v. with Ms.
Shikha Mishra, Mr. Yogender
Chauhan, Adv. for D-91&92.
CORAM:
HON'BLE MS. JUSTICE MUKTA GUPTA
MUKTA GUPTA, J. (ORAL)
I.A. 5449/2019 (u/S 80 CPC)
1. In view of the urgency in the suit the plaintiff is exempted from
issuing statutory notice to the defendants particularly defendants No.91 &
92.
2. Application is disposed of.
CS(COMM) 195/2019
1. Learned counsel for the plaintiff submits that all the defendants have
been served, however there is no appearance on behalf of any of the
defendants except defendant No.91 & 92 who are the Department of
Telecommunication and Ministry of Electronics and Information
Technology respectively.
CS(COMM) 195/2019 Page 1 of 4
2. Learned counsel for the defendant No.91 & 92 states that they have
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issued the necessary notifications on 24 April, 2019, 31 May, 2019 and
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17 June, 2019 directing the implementation of the orders of this Court
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dated 15 April, 2019, 7 May, 2019 and 21 May, 2019 respectively.
Copies of the Office Orders are taken on record.
3. By this plaint, the plaintiff seeks a decree of permanent injunction
restraining defendants No.1 to 78 and such other websites/ entities which are
engaging in infringing the plaintiff’s exclusive rights and copyrights in the
film ‘KALANK’ by releasing the same/ making it available for viewing and
downloading without authorization on their websites or other platforms.
4. Plaintiff also seeks a decree directing defendants No.80 & 81, their
directors, partners, proprietors, etc. to suspend the domain name registration
of domain names of defendants No.1 to 8 by defendant No. 80 and
Defendant No.9 to 13 by defendant No.81.
5. Plaintiff seeks decree against defendant No.82 to 90 and their
directors, partners, proprietors, etc., to block access to the various websites
identified by the plaintiff in the suit at serial No.2 of the documents and
other websites which may be subsequently notified.
6. By way of an application, the plaintiff impleaded further defendants
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and added up defendants No.121 to 248 pursuant to the orders dated 7
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May, 2019 and 21 May, 2019 in I.As. No. 6993/2019 and 7502/2019
respectively.
7. As noted above despite an affidavit of service having been filed of
service to all the defendants, except defendants No.94 to 120 for which no
address is available, no other defendant except defendants No.91 & 92 have
entered appearance.
CS(COMM) 195/2019 Page 2 of 4
8. As per the plaint and the documents filed along with it, plaintiff along
with its division Fox Star Studios are producer and distribution of
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cinematograph film ‘KALANK’ which was to be released on 17 April,
2019 over 2500 screens in India, however before the film could be released,
the plaintiff found that part contents of the film were available with the
various websites and were being unauthorizedly shown who have been
impleaded as defendants No.1 to 78 and subsequently 121 to 248. Thus, the
plaintiff claims that the defendants have infringed its exclusive rights and
seeks injunction against the defendants.
9. Plaintiff has placed on record certificate from the Central Board of
Film Certification certifying that the film is fit for public exhibition. The
said certificate notes the applicant as ‘Dharma Productions Private Limited’
who have been impleaded as defendants No.79 and the producers as
Nadiawala Grandsons Entertainment Pvt. Ltd. who have been impleaded as
defendant 93 and also certificate issued in favour of the plaintiff Star India
Private Limited, a division of Fox Star Studios, giving a no objection by
Dharma Production Pvt. Ltd. for initiating, pursuing or defending any legal
proceedings relating to the infringements in respect of cinematograph film
‘KALANK’ including its anti-piracy measures and actions. Similar
certificate has also been issued by defendant No.93 which is on page 2498
of the documents file.
10. Considering the right of the plaintiff to institute the suit on behalf of
purchasers and owners of the copyright in the film ‘KALANK’ and there
being no appearance on behalf of the contesting defendants, this Court
deems it fit to pass a decree in favour of the plaintiff and against the
defendants.
CS(COMM) 195/2019 Page 3 of 4
11. Suit is accordingly disposed of passing a decree in favour of the
plaintiff and against the defendants in terms of prayer ‘i’, ‘ii’, ‘iii’ & ‘iv’ of
the suit.
12. Learned counsel for the plaintiff states that he does not press the
prayer for damages and cost.
13. Decree sheet be drawn.
14. The date before the learned Joint Registrar stands cancelled.
I.A. 5447/2019 (u/O 39 R 1&2 CPC) & I.A. 7502/2019 (u/O 39 R 1&2
CPC)
Applications are disposed of as infructuous.
(MUKTA GUPTA)
JUDGE
SEPTEMBER 12, 2019
‘ga’
CS(COMM) 195/2019 Page 4 of 4