Firdaus Production Private Limited v. Unisys Infosolutions Private Limited

$~3 * IN THE HIGH COURT OF DELHI AT NEW DELHI + C.O.(COMM.IPD-CR) 20/2025 FIRDAUS PRODUCTION PRIVATE LIMITED .....Petitioner Through:

Mr. Kartikay Dutta, Ms. Raghavi Shukla and Ms. Anukriti Trivedi, Advocates.

versus UNISYS INFOSOLUTIONS PRIVATE LIMITED.....Respondent Through:

Mr. Nikhil Chawla, Advocate.

CORAM:

HON'BLE MS. JUSTICE JYOTI SINGH

O R D E R

% 17.03.2025 I.A. 6797/2025 (Exemption) 1.

Allowed, subject to all just exceptions.

2.

Application stands disposed of.

C.O.(COMM.IPD-CR) 20/2025 and I.A. 6796/2025, 6798/2025 3.

This petition is preferred on behalf of the Petitioner under Section 19A of the Copyright Act, 1957 seeking the following reliefs: - "a. Pass an order revoking the assignment of copyright in the Film IkkoMikke granted to Respondents its promoters, employees, associates, affiliates, agents et al. under the Deed of Assignment - Film Home Video, Digital Rights dated 11.01.2020 and any related agreements, declaring the same to be null and void. And;

b. Pass and order declaring the Termination of the Deed of Assignment - Film Home Video, Digital Rights dated 11.01.2020 and any related agreements vide Notice dated 22.12.2023 as valid. And; c. Pass an order restraining Respondent its promoters, employees, associates, affiliates, agents et al. from releasing, broadcasting, distributing, exhibiting, or otherwise commercially exploiting the Film Ikko Mikke on KableOne or any other platform, in any manner whatsoever. And;

C.O.(COMM.IPD-CR) 20/2025 Page 1 of 3 The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

d. Pass an order directing Respondent its promoters, employees, associates, affiliates, agents et al. to immediately take down and cease all unauthorized broadcasts, distributions, exhibitions, or any other form of commercial exploitation of the Film lkko Mikke on KableOne and/or any other platform, in the event that Respondent proceeds with its release. And;

e. Pass an order directing Respondent its promoters, employees, associates, affiliates, agents et al. to render full and true accounts of profit earned from the unauthorized promotion, licensing, distribution, and intended release or release of Petitioner's Film Ikko Mikke despite the express termination of rights, and/or any financial gains derived from the unlawful exploitation of the Film on KableOne or any other platform. And;

f. Pass an order directing Respondent its promoters, employees, associates, affiliates, agents et al. to pay appropriate damages and compensation to Petitioner, basis the profits earned by Respondent from the unauthorized promotion, licensing, distribution, and intended release or the release of the Film Jkko Mikke. And;

g. Pass an order directing Respondent its promoters, employees, associates, affiliates, agents et al. to deliver up to Petitioner all content, materials, media, data, and any other assets related to the Film Ikko Mikke, including but not limited to digital copies, promotional materials, licensing agreements, and distribution data etc. And; h. Pass an order directing Respondent its promoters, employees, associates, affiliates, agents et al. to bear and pay the costs of the present proceedings, including legal fees and other expenses incurred by Petitioner, as a consequence of the present Petition. And;" 4.

At the outset, learned counsel appearing on behalf of the Respondent takes an objection to the jurisdiction of this Court to entertain the petition in light of Clause 25 of the Deed of Assignment dated 11.01.2020, wherein it is stipulated that all matters, claims and disputes arising in respect of the Deed of Assignment shall be subject to exclusive jurisdiction of the relevant courts in Karnal, Haryana. Objection is also raised on the ground that parties had agreed to resolve their disputes through mechanism of arbitration and this is evident from Clause 24 of the Deed of Assignment. C.O.(COMM.IPD-CR) 20/2025 Page 2 of 3 The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

5.

In light of the objection pertaining to territorial jurisdiction in view of Clause 25 of the Deed of Assignment, learned counsel for the Petitioner, on instructions, seeks to withdraw this petition to approach the Court of competent jurisdiction.

6.

Petition is disposed of as withdrawn, making it clear that this Court has neither entered into nor expressed any opinion on the merits of the case and/or whether the disputes between the parties are referable to arbitration. 7.

Pending applications also stand disposed of.

JYOTI SINGH, J MARCH 17, 2025/Shivam/sahil C.O.(COMM.IPD-CR) 20/2025 Page 3 of 3 The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.