Delhi District Court
Super Cassettes Industries Private ... vs Riddhi Siddhi Cable Network on 1 October, 2024
M/S Super Cassettes Industries Pvt. Ltd. vs. M/S Riddhi Siddhi Cable Network
DLCT010150042023
IN THE COURT OF SH. DEEPAK GARG,
DISTRICT JUDGE-COMMERCIAL COURT-09
(CENTRAL DISTRICT), TIS HAZARI COURTS, DELHI.
CIVIL SUIT (COMM) NO.:- 1394/2023
IN THE MATTER OF :-
Super Cassettes Industries Pvt. Ltd.
E-2/16, White House,
Ansari Road Daryaganj
New Delhi 110002
Through Authorized Representative
Mr. Manmohan Bhardwaj ....Plaintiff
VERSUS
M/S Riddhi Siddhi Cable Network,
Having its office at Jio Office, C.C.cinema Road,
Station Road, Tehsil Shamgarh,
Distt. Mandsaur, M.P. 458883 ....Defendant
SUIT FOR PERMANENT INJUNCTION, INFRINGEMENT OF
COPYRIGHT AND RECOVERY OF DAMAGES TOGETHER WITH
INTEREST
Date of institution : 21/10/2023
Date on which Judgment was reserved : 23/08/2024
Date of Judgment : 01/10/2024
CS (Comm)No. 1394/23 Page 1 of 13
M/S Super Cassettes Industries Pvt. Ltd. vs. M/S Riddhi Siddhi Cable Network
::- EX PARTE J U D G M E N T -::
1.By way of present judgment, this court shall adjudicate upon this suit filed by the plaintiff against the defendant for permanent in- junction, infringement of copyright and recovery of damages together with interest.
PLAINTIFF'S CASE
2. Plaintiff is a private limited company incorporated under the Companies Act and the present suit has been filed through its autho- rised representative.
3. It has been stated that the plaintiff company was originally es-
tablished as a private Limited Company, Super Cassettes Industries Pvt. Ltd. In the year 1983, having among its Directors the Late Sh. Gulshan Kumar and his father Sh. Chanderbhan Dua. Subsequently, w.e.f. 11/06/2014 the company again converted to a Private Limited company.
4. The plaintiff is one of India's leading and most reputed music companies and its label T-Series is highly regarded and considered as one of the top names in the film and music industry. Plaintiff is the CS (Comm)No. 1394/23 Page 2 of 13 M/S Super Cassettes Industries Pvt. Ltd. vs. M/S Riddhi Siddhi Cable Network owner of the large repertoire of copyright works comprising inter-alia of cinematographic films, sound recording, underlying musical and lit- erary works. T-SERIES has over 20,000/- Hindi films and non-films songs and around 50,000/- songs in regional languages to its credit. Plaintiff has launched and or promoted many talents in the music and film industry.
5. The plaintiff has a robust and well defined business licensing policy enabling 3rd party organisation, including television broadcasting organisations, FM radio channels and cable television operators to apply for and obtain licenses for use of its copyrighted works comprising of cinematograph films, sound recordings and underlying musical and/or literary work.
6. The plaintiff owns copyright in the song 'Phool Gulab Ka' from the film 'Biwi Ho to Aisi'. The assignment deeds/ copyright certificates in favour of plaintiff as proof of ownership of copyright by the plaintiff. By virtue of being owner of copyright in respect of the said songs, right under Section 14 of the Copyright Act flow to the plaintiff.
7. It has been stated that Defendant is carrying on the business of providing cable television services under the name and style M/S Rid-
CS (Comm)No. 1394/23 Page 3 of 13M/S Super Cassettes Industries Pvt. Ltd. vs. M/S Riddhi Siddhi Cable Network dhi Siddhi Cable Network to various subscribers in the State of Mad- hya Pradesh including Mandsaur and one of the largest ground cable network providers.
8. It has been further stated that during the visit of the AR of the plaintiff company he had made the sample recording of the content of the plaintiff company, which was broadcasted/telecasted by the defen- dant through its Ground Cable Network and also enquired from the lo- cal people about the connectivity of the defendant and personally vis- ited the shop located in the area and have come to know that the de- fendant has approximately 5000 connections in the State of Madhya Pradesh including Mandsaur.
9. That the defendant is broadcasting/communicating to the public sound recordings, underlying works (lyrics and musical compositions) and audio visual songs (cinematograph films) and other works of the plaintiff, through their channel on their cable network such as 'RSC DIGITAL' without first obtaining a license or permission from the plaintiff and such unlicensed and unauthorised use of the plaintiff's work by the defendant on its cable television network amounts to an infringement of the plaintiff's copyright.
10. It is further stated that the plaintiff is the owner of the copyright in the song 'Phool Gulab Ka' from the film 'Biwi Ho To Aisi' and the CS (Comm)No. 1394/23 Page 4 of 13 M/S Super Cassettes Industries Pvt. Ltd. vs. M/S Riddhi Siddhi Cable Network defendant without obtaining license from the plaintiff, has been communicating and broadcasting the said songs to the public with ulterior motive and with the sole objective of the making illicit financial gains without recognizing the copyright of the ownership of the plaintiff.
11. It is further stated that plaintiff company sent a letter dated 07.02.2023 to the defendant for obtaining the necessary license for telecast/broadcast the authorized contents of its copyright. But the defendant failed to take appropriate license from the plaintiff company and continued the illegal and unauthorized use of the contents of the copyright of the plaintiff company.
12. It is further stated that plaintiff issued a legal notice to the defendant on 02.03.2023. By virtue of being owner of copyright in respect of the said songs, rights under Section 14 of the Copyright Act, 1957 flow to the plaintiff, including but not limited to communicating the work in question to the public.
13. It is further stated that the plaintiff is at the very minimum, suf-
fering direct loss on account of non payment of license fee by the de-
CS (Comm)No. 1394/23 Page 5 of 13M/S Super Cassettes Industries Pvt. Ltd. vs. M/S Riddhi Siddhi Cable Network fendant for the entire duration during the defendant has broadcast the plaintiff's work in an unauthorised manner.
EX PARTE PROCEEDINGS
14. The summons of the suit were served upon the defendant.
However, no written statement was filed on behalf of defendant. Accordingly, defendant was proceeded ex-parte vide order dated 23.02.2024.
PLAINTIFF'S EVIDENCE
15. In order to prove its case plaintiff has examined one witness i.e. Mr. Man Mohan Bhardwaj who tendered his evidence way of affidavit Ex.PW1/A and relied upon the following documents:
(i)Copy of Board Resolution dated 27.01.2023 is Ex.PW1/1 (OSR)
(ii)The Non-Starter Report is Ex.PW1/2.
(iii)Copy of Incorporation Certificate is Ex.PW1/3.
(iv)Copy of the Investigator affidavit is Ex.PW1/4.
(v)Copy of the Assignment deed dated 13.02.1988 is Ex.PW1/5 (OSR).
(vi)The CD is Ex.PW1/6.
(vii)The screen shot is Ex.PW1/7.
(viii)The cue-sheet is Ex.PW1/8.CS (Comm)No. 1394/23 Page 6 of 13
M/S Super Cassettes Industries Pvt. Ltd. vs. M/S Riddhi Siddhi Cable Network
(ix)The letter along with speed post receipt and track report is Ex.PW1/9 (colly).
(x)The office copy of Legal Notice dated 02.03.2023 along with speed post receipts and track reports are Ex.PW1/10 (colly.).
(xi)The printout of the official website of the plaintiff regarding its licence fee per month per connection is Ex.PW1/11.
16. Ld. Counsel for the plaintiff has argued that the defendant is guilty of broadcasting the copyrighted work of the plaintiff through its network. Therefore, it is submitted that plaintiff is entitled to a decree of injunction and damages .
17. I have heard the Ld. counsel for the plaintiff and perused the record.
18. At the outset, it is noteworthy to mention that despite service neither did the defendant enter appearance nor filed any written statement on its behalf to defend the present suit. Also, no evidence has been adduced by the defendant to subvert the averments made by the plaintiff in the present case. Thus, the primary onus is upon the plaintiff to prove its case as it is a settled proposition of law that the case of the plaintiff has to stand on its own legs irrespective of the defence of the defendant.
CS (Comm)No. 1394/23 Page 7 of 13M/S Super Cassettes Industries Pvt. Ltd. vs. M/S Riddhi Siddhi Cable Network
19. In order to prove his case, plaintiff has placed on record various documents and assaying of the same is done in the subsequent paragraphs. PW1 in his examinationinchief has placed on record copy of board resolution duly executed in his favour exhibited as Ex.PW1/1 in order to show his bonafide to depose on behalf of the plaintiff. Perusal of the same shows that PW1 was duly authorised to depose on behalf of the plaintiff company to depose on its behalf. Further, plaintiff has also placed on record the copy of incorporation certificate duly exhibited as Ex.PW1/3 in order to establish that the plaintiff company is a private limited company duly incorporated with the Registrar of Companies.
20. In order establish the fact that defendant has violated the plaintiff's ownership of copyright in the song 'Phool Gulab Ka' of the film 'Biwi Ho to Aisi', plaintiff has placed on record assignment deed dated 13.02.1988 exhibited as Ex.PW1/5. It is alleged that said song was broadcasted by defendant though its Cable Network 'M/S Riddhi Siddhi Cable Netowrk' through local channel as 'RSC Digital' without first obtaining a license or permision through channel/services. In order to substantiate its averments, plaintiff has placed on record a recording of such infringing material which were being broadcasted by the defendant on 10.01.2023. PW1 in his testimony has relied upon the CD containing the recording is exhibited as Ex.PW1/6 along with the CS (Comm)No. 1394/23 Page 8 of 13 M/S Super Cassettes Industries Pvt. Ltd. vs. M/S Riddhi Siddhi Cable Network cue sheet duly Ex.PW1/8. The screenshot of the infringing broadcasts made by defendant captured on CD recording is Ex.PW1/7.
21. Moreover, upon detecting infringement by the defendant, plaintiff contacted defendant through letter dated 07.02.2023 along with original speed post receipt and track report are Ex.PW1/9(colly.). However, it is alleged that despite service of the said letter upon the defendant, the defendant paid no heed and did not obtain appropriate license.
22. Thereafter, plaintiff got issued a legal notice dated 02.03.2023 to the defendant to immediately cease and desist from broadcasting/communicating to the public illegal and unauthorised use of sound recordings, underlying works, audio visual songs and other works in which the plaintiff owns copyright and obtain a Ground Cable TV Network License. Further, plaintiff called upon the defendant to pay an amount of Rs.25,00,000/ towards damages/compensation for the unauthorised use. The legal notice along with speed post receipts and track reports are Ex.PW1/10 (colly.). However, despite that neither did the defendant replied to the legal notice nor obtained the license but continued to exploit the plaintiff's works by broadcasting the same to their cable subscribers without license and causing severe and irreparable damages to the plaintiff. It is a settled proposition of law that, if a party despite service CS (Comm)No. 1394/23 Page 9 of 13 M/S Super Cassettes Industries Pvt. Ltd. vs. M/S Riddhi Siddhi Cable Network of legal notice chooses not to reply to the same, the averments of the notice stands admitted. Thus, by placing the above said documents on record, plaintiff has duly proved the burned placed upon him beyond reasonable doubt.
23. Thus, on the basis of the conjoint and cumulative appraisal of evidence made as above, it can be stated that, the testimonies of PW1 has remained unrebutted, unblemished and uncontroverted as the defendant did not appear to contest the present suit. Moreover, the testimony of plaintiff's witness is on oath which has gone unchallenged and unblemished by the defendant. Therefore, the possibility of doubting the testimony of PW1 stands negated.
24. Also, by placing on record various documents, plaintiff has been able to prove its case on the scale of preponderance of probabilities. Also, the suit filed by the plaintiff is very much within the period of limitation.
25. From the above discussion, it is reflected that plaintiff has been able to establish the plea of injunction against the defendant.
26. As far as rendition of account is concerned, the defendant did not choose to appear and stayed away from the present proceedings so as to thwart any enquiry into their account for determination of CS (Comm)No. 1394/23 Page 10 of 13 M/S Super Cassettes Industries Pvt. Ltd. vs. M/S Riddhi Siddhi Cable Network damages. Perusal of the record reflects that with regard to relief of rendition of account the foremost requirement is the documentary evidence i.e., details of the cable connections obtained by the defendant, fees per cable connection received by the defendant and the profit earned by the defendant in this regard which has not been filed. Thus, due to lack of documentary evidence to the contrary no observation with regard to rendition of account can otherwise be made.
27. On the issue of damages, the settled legal position has been laid down in Hindustan Unilever Limited vs. Reckitt Benckiser India Ltd. (2014) 57 PTC 495 (DB), by the Ld. Division Bench. In the said decision, the Ld. Divison Bench has clearly held that unless there are extenuating circumstances and overwhelming evidence of wrong doing, punitive damages cannot be awarded. Usually, the Court grants either notional damages or the compensatory damages.
28. The defendant has thus, therefore caused the plaintiff company substantial loss and damage on account of continuous infringement of the copyright, as per documents placed on record by the plaintiff, and thus keeping in mind the totality of facts and circumstances, I am of the opinion that, damage should be granted in favour of plaintiff, therefore, in my considered opinion an amount of Rs.5,00,000/ would CS (Comm)No. 1394/23 Page 11 of 13 M/S Super Cassettes Industries Pvt. Ltd. vs. M/S Riddhi Siddhi Cable Network be appropriate, hence, is granted to the plaintiff in the form of damages.
29. Accordingly, I am of the considered opinion that on the basis of oral averments and documentary evidence of PW1 duly supported by requisite documents, plaintiff has been able to discharge the burden of proving its case against the defendant. Therefore, suit of the plaintiff stands decreed.
30. Defendant, their officers, servants, agents, partners and representatives and all other acting for and on their behalf are restrained from engaging in themselves or from authorizing, the recording, distributing, broadcasting, public performance/communication to the public or in any other way exploiting the cinematograph films, sound recording and/or literary works (lyrics) and musical works (musical composition) or other work or part thereof, that is owned by the plaintiff including all works whereon the plaintiff has shown its copyright under Section 52A of the Copyright Act or doing any other act that would lead to infringement of the plaintiff's copyright throughout India under the logo "RSC DIGITAL" or any other logo.
CS (Comm)No. 1394/23 Page 12 of 13M/S Super Cassettes Industries Pvt. Ltd. vs. M/S Riddhi Siddhi Cable Network
31. Defendant is directed to hand over all the infringing tapes, copies and negatives, etc bearing the copyright materials of the plaintiff as per rules and procedures, for the purpose of destruction.
32. Apart from the above, plaintiff is also entitled for a decree of damages to the tune of Rs.5,00,000/ along with interest @ 8% per annum from today till its realization alongwith costs of the suit.
33. Decree sheet be prepared accordingly.
34. File be consigned to record room, after due compliance.
Announced in the open Court on Digitally signed
DEEPAK by DEEPAK GARG
this 01st Day of October, 2024. GARG Date: 2024.10.01 15:17:25 +0530 (Deepak Garg) Distt. Judge, (Comm. Court)-09, Central District, THC : Delhi CS (Comm)No. 1394/23 Page 13 of 13