Star India Pvt. Ltd. & Anr. vs. Oxibuzz.Com & Ors.

$~30
* IN THE HIGH COURT OF DELHI AT NEW DELHI

Prathiba M. Singh, J. (Oral)
1. This hearing has been done through hybrid mode.
2. The present suit has been filed by the Plaintiff No.1 - Star India Pvt.
Ltd. and Plaintiff No.2 - Novi Digital Entertainment Pvt. Ltd. seeking
permanent injunction restraining the Defendant No. 1-74 from hosting,
streaming or communicating, in any manner the Plaintiffs’ cinematograph
film ‘ Dil Bechara’.
3. The Plaintiff No.1 claims to enjoy exclusive rights in respect of the
said cinematograph film. The same was scheduled to be released on the
th
platform of Plaintiff No.2 i.e. DISNEY+ HOTSTAR on 24 July, 2020.
There was an apprehension at the time when the suit was filed that the said
film could be illegally and unlawfully broadcasted on various rogue
websites. Accordingly, the following parties were arrayed as Defendants in
the suit:
i) Defendant Nos.1 to 74 - are rogue websites.
ii) Defendant Nos. 75 & 76 - Domain Name Registrars (DNRs)
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Signing Date:18.12.2023
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iii) Defendant Nos. 77 to 85 - Internet Service Providers (ISPs)
iv) Defendant Nos. 86 - Department of Telecommunications (DoT)
v) Defendant Nos. 87 - the Ministry of Electronics and
Information Technology (MEITY)
vi) Defendant Nos. 88 - Ashok Kumar
4. Accordingly, this Court had granted injunction vide order dated 13th
July, 2020 and directed DoT and MeitY to block the access to the said rogue
websites. The operative portion of the said order is set out below:
“8.2 Besides this, defendant nos. 86 and 87 will issue
necessary notification(s) for blocking the access to the
websites of defendant nos. 1 to 74, the Uniform
Resource Locators [URLs] of which, are also set forth
hereafter;

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8.3 This apart, defendant nos. 77 to 85 shall block
access to the URLs of defendant nos. 1 to 74 as set out
in the table extracted in paragraph 8.2 above.”
5. Pursuant to the said order of injunction, MeitY and DoT have already
blocked the said rogue websites and the DNRs had also locked and
suspended the respective domain names. The ISPs have also ensured that the
blocking orders are implemented.
6. Today, ld. Counsel for the Plaintiff confirms that in addition to
Defendant No.75 – Godaddy LLC, Defendant No.76 – PDR Ltd. had also
suspended the domain names/websites.
7. In the present case, all the websites were served but there is no
st
appearance for any of the parties. Further, order dated 21 September, 2021
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Signing Date:18.12.2023
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also records that service has been completed in this matter. In view of the
fact that service is complete and there is no contest, the suit is decreed in
terms of paragraph 62(i) and (ii) of the plaint.
8. Insofar as the DNRs are concerned, whichever websites are within
their control they shall continue to remain blocked and suspended. The
DNRs shall not be charged any amounts for the suspension of these domain
names, inasmuch as the same has been directed to be blocked and suspended
under orders of this Court.
9. Insofar as Dot and MeitY are concerned, they shall make the blocking
orders operate permanent against these rogue websites. The ISPs shall give
effect to such blocking orders.
10. No further reliefs are pressed for.
11. Decree sheet be drawn accordingly. All pending applications are
disposed of.
PRATHIBA M. SINGH
JUDGE
DECEMBER 13, 2023
Rahul/kt
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CS(COMM) 250/2020 Page 5 of 5
Digitally Signed
By:DHIRENDER KUMAR
Signing Date:18.12.2023
17:23:15