High Court of DelhiCS(COMM)/13/2023

Sony Music Entertainment India Private Limited & ORS. v. Yt1s.Com, Yt1s.Pro, Yt1s.De & ORS.

2024-05-28Hon'Ble Mr. Justice Anish Dayal8 pages

$~25 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CS(COMM) 13/2023 SONY MUSIC ENTERTAINMENT INDIA PRIVATE LIMITED & ORS.

..... Plaintiffs Through:

Mr. Mohit Bangwal and Mr Kunal Gupta, Advocates.

versus YT1S.COM, YT1S.PRO, YT1S.DE & ORS.

..... Defendants Through:

Mr. K.D. Sharma, SPC for D-28.

CORAM:

HON'BLE MR. JUSTICE ANISH DAYAL

O R D E R

% 28.05.2024 I.A. 30731/2024 (Seeking summary judgment) 1.

This application has been filed under Order XIIIA of Code of Civil Procedure, 1908 ("CPC") on behalf of plaintiffs seeking summary judgment in their favour.

Counsel for plaintiff has pointed out that the ex parte ad interim injunction in favour of plaintiff was granted on 12th January, 2023. 3.

On 14th March, 2023, the Joint Registrar recorded that defendant nos. 1-18 stood served through email on 15th February, 2023 and the defendant nos. 19, 21, 22, 23, 25 & 27 were served through speed-post on 14th February, 2023. Defendant nos. 20, 24, 28 and 29 were already served but had not filed their written statements. Subsequently, it was recorded on 11th September, 2023 by The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

the Joint Registrar that defendant nos. 1-27 and 29 had not filed any written statement and the opportunity stood closed.

In this view of the matter, defendants are proceeded ex parte, and the interim order dated 12th January, 2023, is made absolute. 5.

Counsel appears on behalf of defendant no. 28 (Department of Telecommunications) which is a proforma party and no relief is sought specifically at this stage, except for compliance of orders of this Court. 6.

Aside from the decree in terms of prayers in the plaint, counsel for the plaintiff also seeks a dynamic injunction in terms of the decision of this Court in UTV Software Communication & Ors. v. 1337X & Ors. CS(COMM) 724/2017, dated 10th April 2019, 2019:DHC:2047 7.

The background facts and circumstances in this matter have already been narrated in order dated 12th January, 2023 and the relevant paras are extracted as under: - The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

Accordingly, Court had passed interim directions in order dated 12th January, 2023, which are extracted as under:

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

In view of the facts and circumstances noted above, decree be passed in terms of prayer in plaint in para 84 (a) to (e) and in terms of prayer in para 51 (ii) of application being I.A. 30731/2024, which are extracted as under: The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

10.

Decree sheet be drawn up accordingly.

11.

Application is accordingly disposed of. Suit is disposed of with the aforesaid directions. Pending applications, if any, are rendered infructous. 12.

The date already fixed in the suit stands cancelled. 13.

Order be uploaded on the website of this Court. ANISH DAYAL, J MAY 28, 2024/RK/na The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.