Delhi High Court - Orders
Zee Entertainment Enterprises Limited vs Mohalla Tech Private Limited on 1 November, 2023
Author: C. Hari Shankar
Bench: C. Hari Shankar
$~47
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CS(COMM) 745/2023
ZEE ENTERTAINMENT ENTERPRISES LIMITED ..Plaintiff
Through: Ms. Kripa Pandit, Mr. Prabhu
Tandon, Mr. Ankur Chhibber and Mr.
Christopher, Advs.
versus
MOHALLA TECH PRIVATE LIMITED ..... Defendant
Through: Mr. Dayan Krishnan, Sr. Adv.
with Mr. Sandeep Devashish Das, Ms.
Swathi Sukumar, Ms. Kanak Malik and Mr.
Kartikey Gupta, Advs.
CORAM:
HON'BLE MR. JUSTICE C. HARI SHANKAR
ORDER
% 01.11.2023
CS(COMM) 745/2023
1. The plaintiff Zee Entertainment Enterprises Ltd. (Zee hereinafter) claims to own copyright in various music recordings. It entered into a licence agreement dated 8 September 2020, continued vide first and second addenda dated 12 August 2021 and 15 August 2022, with the defendant Mohalla Tech Pvt. Ltd. (MTPL hereinafter), whereunder MTPL was allowed to store the aforenoted licensed content of the plaintiff in its library, so that the content would be available to MTPL users who could listen, preview and synchronise/incorporate the licensed content in their content.
2. Said license agreement elapsed on 14 July 2023 and was not renewed thereafter. As per para 16 of the reply dated 1 September CS(COMM) 745/2023 Page 1 of 9 This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 06/11/2023 at 20:57:13 2023, from MTPL to Zee in respect of legal notice issued by the latter, MTPL had, consequent to the expiry of the license agreement on 4 July 2023, removed Zee's licensed content from its audio library expeditiously, thereby restraining the users from utilising the said licensed content in any manner whatsoever.
3. Ms. Pandit's grievance is that, despite the above assertions, songs and recordings in which Zee holds copyright, continued to be part of the curated library of MTPL, from which, using the Apps ShareChat and Moj as well as the website ShareChat.com and MojApp.in, users could exploit the said recordings.
4. This, submits Ms. Pandit, would amount to infringement of the plaintiff's copyright and also breach the license agreement. It would also be unauthorised as the license agreement between the plaintiff and MTPL has already expired. Ms. Pandit submits that her client has no objection to MTPL using remix or cover versions of the plaintiff's copyrighted content or user generated content, even if, to some extent, the plaintiff's copyrighted content is contained therein.
5. For the present, Ms. Pandit seeks an interim injunction only against the continued availability of the plaintiff's copyrighted recordings on the library of the defendant, thereby making the said recordings available to users who can exploit the recordings through the ShareChat and MojApp Apps and websites.
6. Mr. Dayan Krishnan, learned Senior Counsel for the defendant, submits that no injunction can be granted in an omnibus fashion in CS(COMM) 745/2023 Page 2 of 9 This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 06/11/2023 at 20:57:13 such cases and that any injunction would have to be with respect to identified recordings in which the plaintiff claims copyright. He strenuously denies Ms. Pandit's assertion that any copyrighted recordings of the plaintiff, which do not constitute user generated content, is present on the defendant's library. He submits that all such recordings which the defendant may be making available to its customers through the ShareChat and MojApp Apps and websites are either remixes or cover versions or constitute user generated content.
7. Mr. Dayan Krishnan has also pointed out that the only identified copyrighted content of the plaintiff, as filed with the plaint, is in the form of 134 films/clips enlisted in Schedule 1A of the User Content and Revenue Sharing Agreement.
8. In order to avoid any confusion, Schedule 1A to the agreement may be reproduced, in extenso, thus:
Schedule-1A Sl. Title of the Film Year No. 1 Baadshah (B/W) 1964 2 Dilawar 1966 3 Shaheed 1965 4 Ladki Sahyadri Ki 1966 5 Sehra 1963 6 Geet Gaya Patharon Ne 1964 7 Pagla Kahin Ka 1970 8 Subha O Sham 1970 9 Godaan-1963 1963 10 Gunah Aur Kanoon 1970 11 Amne Samne 1967 12 Bahurani 1963 13 Chota Bhai 1966 14 Devi 1970 15 Dil ne phir yaad kiya-old 1966 16 Gopal Krishna 1965 CS(COMM) 745/2023 Page 3 of 9 This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 06/11/2023 at 20:57:14 17 Kismat 1968 18 Mera Saaya 1966 19 Mere Mehboob 1963 20 Apne Huye Paraye 1964 21 Bandini 1963 22 Leader 1964 23 Sambandh 1969 24 Jab Se Tumhen Dekha Hai 1963 25 Tarzan Comes To Delhi 1965 26 Haqeeqat 1964 27 Neecha Nagar - B/W 1964 28 Aakhri Khat 1966 29 Chandrashekhar Azad 1963 30 Sindbad Alibaba Aur Aladin 1965 31 Ganga Ki Laharen 1964 32 Mere Lai 1966 33 Oonche Log 1965 34 Upkar 1967 35 Clerk 1989 36 Kranti 1981 37 Painter Babu 1983 38 Kalyug ki Ramayan 1987 39 Purab aur Pashchim 1970 40 Shor 1972 41 Roti, Kapda aur Makan 1974 42 Jai Hind 1999 43 Himmatwala 1983 44 Hoshiyar 1985 45 Kunwarlal 1988 46 Meri Awaz Suno 1981 47 Mawali 1983 48 Mulzim 1988 49 Paathal Bhairavi 1985 50 Qaidi 1984 51 Singhasan 1986 52 Takkar 1980 53 Geeta Mera Naam 1974 54 Mausam 1975 55 Maang Bharo Sajana 1980 56 Ek Hi Bhool 1981 57 Dil Akhir Dil Hai 1982 58 Jawab Hum Denge 1987 59 Nafrat Ki Aandhi 1989 60 Yughandhar 1993 61 Pardesi 1993 62 Nishaana 1995 63 Andha Yudh 1996 CS(COMM) 745/2023 Page 4 of 9 This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 06/11/2023 at 20:57:14 64 Return of Jwel Thief 1996 65 Shararat 2002 66 Koi Mere Dil Se Poochhe 2002 67 Bharat Bhagya Vidhata 2002 68 Matrubhoomi-A Nation Without 2003 Women 69 Paap 2004 70 Rog 2005 71 Holiday 2006 72 Shaurya 2008 73 Chamku 2008 74 Sankat City 2009 75 Red Alert - The War within 2010 76 Jaal-The Trap 2003 77 Sautela Pati 1984 78 Raksha 1981 79 Kudrat Ka Kanoon 1989 80 Raja Rani Ko Chahiye Pasina 1978 81 Kaliyug Ke Avtaar 1977 82 Jungle Mein Mangal 1972 83 Anjali 1990 84 Hawa Mahal (B/W) 1962 85 Sampoorna Ramayan 1961 86 Aadmi 1968 87 Apna Haath Jagannath 1956 88 Dr. Vidya 1962 89 Ganga Jamuna 1961 90 Junglee 1961 91 Nazarana 1961 92 Pariwaar 1967 93 Patang 1960 94 Saathi 1968 95 Satyakam 1969 96 Shagird 1967 97 Waaris 1969 98 Ardhangini 1959 99 Daag 1952 100 Patita 1955 101 Seema 1955 102 Sujata 1959 103 Madhumati 1958 104 Devdas 1956 105 Do Bigha Zamin 1953 106 Anpadh 1962 107 Jaal Saaz 1969 108 Ek Shriman Ek Shrimati 1969 109 Arpan 1957 CS(COMM) 745/2023 Page 5 of 9 This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 06/11/2023 at 20:57:14 110 Chhote Babu 1957 111 Ha Ha hee Hieeho Ho 1955 112 Ek Teri Nishani 1949 113 Char Chand 1953 114 Baap Beti 1954 115 Waman Avtaar 1955 116 Ek Gaon Ki Kahani 1957 117 Shatranj 1956 118 Talash 1957 119 Hum Bhi Insaan Hai 1948 120 Pyaas 1956 121 Aanchal 1960 122 Aakhri Daao 1958 123 Bank Manager 1959 124 Batwara 1961 125 Badi Didi 1969 126 Do Ustaad 1959 127 Lala Rukh 1958 128 Naag Devata 1962 129 Piya Milan Ki Aas 1961 130 Private Secretary 1962 131 Teesri Gali 1958 132 Suhaag Sindoor 1962 133 Tu Nahi Aur Sahi 1960 134 Savera 1958
9. Ms. Pandit also agrees, for the present, to restrict her prayer for interim injunction to the aforenoted 134 films/clips enlisted in Schedule 1A of the User Content and Revenue Sharing Agreement.
10. These assertions, and other assertions contained in the plaint, make out a case worthy of consideration.
11. Accordingly, let the plaint be registered as a suit.
12. Issue summons in the suit.
13. Summons are accepted, on behalf of defendant, by Mr. Sandeep Devashish Das.
CS(COMM) 745/2023 Page 6 of 9This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 06/11/2023 at 20:57:14
14. Written statement, accompanied by affidavit of admission/denial of the documents filed by the plaintiff be filed within 30 days with advance copy to learned Counsel for the plaintiff who may file replication thereto, accompanied by affidavit of admission/denial of the documents filed by the defendant within 30 days thereof.
15. List before the learned Joint Registrar (Judicial) for completion of pleadings, admission and denial of the documents and marking of exhibits on 15 January 2024, whereafter the matter would be placed before the Court for case management hearing and further proceedings.
16. Mr. Dayan Krishnan also prays that his right to contest the present matter on the aspect of territorial jurisdiction should remain reserved.
17. It is clarified that liberty stands reserved to learned Counsel for both sides to argue all aspects in this matter.
I.A. 20602/2023 (under Order XXXIX Rules 1 and 2 of the CPC)
18. This is an application by the plaintiff under Order XXXIX Rules 1 and 2 of the Code of Civil Procedure, 1908 (CPC) seeking interlocutory injunctive reliefs.
19. In view of the aforesaid discussion, issue notice, returnable before the Court on 6 February 2024.
CS(COMM) 745/2023 Page 7 of 9This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 06/11/2023 at 20:57:14
20. Notice is accepted, on behalf of defendant, by Mr. Sandeep Devashish Das.
21. Reply, if any, be filed within four weeks with advance copy to learned Counsel for the plaintiff who may file rejoinder thereto within four weeks thereof.
22. Till the next date of hearing, the defendant shall ensure that, in its library, from which recordings can be accessed by users using the ShareChat and MojApp Apps and websites, none of the 134 films/clips recordings enlisted hereinabove are made available.
23. It is clarified that there is no injunction on the defendant using the cover versions, remixes or user generated content.
I.A. 20603/2023 (under Section 12A)
24. In view of the fact that advance notice was served on the defendant and they have entered appearance, this application has been rendered infructuous and is disposed of as such.
I.A. 20604/2023 (Order XI Rule 1(4) of the CPC)
25. By this application, the plaintiff seeks permission to file additional documents.
26. The plaintiff is permitted to place additional documents on record in accordance with Order XI Rule 1(4) of the CPC as amended by the Commercial Courts Act, 2015 within 30 days from today.
CS(COMM) 745/2023 Page 8 of 9This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 06/11/2023 at 20:57:15
27. The application stands disposed of accordingly.
I.A. 20605/2023 (Exemption)
28. Subject to the plaintiff filing legible copies of any dim or illegible documents on which it may seek to place reliance within four weeks from today, exemption is granted for the present.
29. The application is disposed of.
I.A. 20606/2023 (advance service)
30. This application is also rendered infructuous as the defendants have entered appearance and have been heard in the matter.
C. HARI SHANKAR, J.
NOVEMBER 1, 2023 dsn Click here to check corrigendum, if any CS(COMM) 745/2023 Page 9 of 9 This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 06/11/2023 at 20:57:15