High Court of DelhiCS(COMM)/240/2023

Red Chillies Entertainments Pvt Ltd v. Ashok Kumar / John Doe & ORS.

2024-02-05Hon'Ble Mr. Justice Anish Dayal5 pages

$~12 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CS(COMM) 240/2023, I.A. 7776/2023, I.A. 9118/2023, I.A. 13445/2023 & I.A. 18184/2023.

RED CHILLIES ENTERTAINMENTS PVT LTD ..... Plaintiff Through:

Mr. Nizzamuddin, Mr. Parag Khandhar and Mr. Krishan Kumar, Advocates.

versus ASHOK KUMAR / JOHN DOE & ORS.

..... Defendant Through:

Mr. Deepak Gogia and Mr. A. Nautiyal, Advocates for D-2.

Mr. Swati Agarwal, Mr. Mohit Singh, Advocates for D-43.

Ms. Anushka Sharda, Mr. Madhan Khosla and Ms. Moha Paranjpe, Advocates for D-45.

CORAM:

HON'BLE MR. JUSTICE ANISH DAYAL

O R D E R

% 05.02.2024 1.

Counsel for plaintiff points out that in the said suit plaintiff is essentially aggrieved by various infringing content disseminated by numerous unknown defendants (arrayed as defendant no.1, Ashok Kumar) relating to the prelaunch footage of the film 'Jawan', the copyright of which is owned by plaintiff. 2.

The said releases were on various websites/social media handles which were operated by defendant nos. 2-5. Defendant nos. 6-40 are various telecom and internet service providers.

As per order dated 25th April, 2023, this Court had passed an order for interim injunction in the following terms:

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

Counsel for plaintiff submits that considering that the film 'Jawan' has now been released, the said order would have worked itself out and the plaintiff has no objection or complaint in relation to compliance by defendant nos. 2-5 and defendant nos. 6-40.

In view of the same, directions passed by this Court vide order dated 25th April, 2023, in para 8(ii) and (iii), are made absolute. 6.

As regards directions in para 8(i), it is submitted by counsel for plaintiff that the said restraint would effectively apply to the unknown defendants The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

(arrayed as defendant no. 1, Ashok Kumar) in relation to release of any content which is infringing of the copyright owned by the plaintiff in the cinematographic film 'Jawan', without a proper license from the plaintiff. 7.

Considering that the film was released on 07th September, 2023, counsel for plaintiff states that the said suit may be withdrawn at this stage with liberty to the plaintiff to approach this Court in case any infringement of their copyrighted content in the film 'Jawan', or any part thereof, is discovered. 8.

It is also noted that defendant nos. 41-45 were impleaded as parties at a subsequent stage and directions against them were passed by order dated 19th September, 2023. Counsel for plaintiff submits that they have no complaint with regard to compliance of the directions of this Court by defendant nos. 4245. 9.

In view of the same, the suit stands disposed of in the above terms and liberty as sought by the plaintiff is granted. Pending applications, if any, are also rendered infructuous.

10.

Order be uploaded on the website of this Court. ANISH DAYAL, J FEBRUARY 5, 2024/RK/rj Click here to check corrigendum, if any The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.