Delhi High Court - Orders
Jiostar India Private Limited vs Serialmaza.My & Ors on 8 August, 2025
Author: Manmeet Pritam Singh Arora
Bench: Manmeet Pritam Singh Arora
$~41
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CS(COMM) 810/2025 & I.As. 19337-40/2025
JIOSTAR INDIA PRIVATE LIMITED .....Plaintiff
Through: Mr. Sidharth Chopra, Mr. Yatinder
Garg, Mr. Priyansh Kohli and Ms.
Ishi Singh, Advocates
versus
SERIALMAZA.MY & ORS. .....Defendant
Through: Ms. Aishwarya Kane, Advocate for
D-41
CORAM:
HON'BLE MS. JUSTICE MANMEET PRITAM SINGH ARORA
ORDER
% 08.08.2025 I.A. 19338/2025 (seeking exemption from pre-institution mediation)
1. This is an application under Section 12A(1) of the Commercial Courts Act, 2015 ['Act of 2015'] read with Section 151 of the Code of Civil Procedure, 1908 ['CPC'], filed by the Plaintiff seeking exemption from instituting pre-litigation mediation.
2. Having regard to the fact that the present suit contemplates urgent interim relief and in light of the judgement of the Supreme Court in Yamini Manohar v. T.K.D. Keerthi1, exemption from the requirement of pre- institution mediation is granted to the plaintiff.
3. Accordingly, the application stands disposed of.
I.A. 19339/20254. This is an application under Section 80 read with Section 151 CPC seeking exemption from issuing notices to the Defendant nos. 48, 51, 56 and 57. 1 (2024) 5 SCC 815 CS(COMM) 810/2025 Page 1 of 13 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 12/08/2025 at 22:00:32
5. For the reasons stated in the application, exemption is granted.
6. Accordingly, this application is disposed of.
I.A. 19340/20257. This is an application filed under Order XI Rule 1(4) of CPC [as amended by the Act of 2015] read with Section 151 CPC seeking leave to file additional documents.
8. The Plaintiff, if it wishes to file additional documents at a later stage, shall do so strictly as per the provisions of the Commercial Courts Act and the Delhi High Court (Original Side) Rules, 2018 ['DHC Rules'].
9. For the reasons stated in the application, the same is allowed.
10. Accordingly, the application is disposed of.
CS(COMM) 810/2025
11. Let the plaint be registered as a suit.
12. Issue summons to Defendant nos. 1 to 35. In the peculiar facts of this case, summons be issued by the registry to the said Defendants through e- mode on filing of process fee. Affidavit of service(s) be filed within two (2) weeks.
13. Since Defendant no. 36 to 57 have been impleaded only for seeking compliances of directions issued qua Defendant nos. 1 to 35, no summons are being issued to the said Defendant nos. 36 to 57 at this stage. Notice in I.A. 19337/2025 has been issued to said defendants.
14. Defendant No. 58 is stated to be John Doe/Ashok Kumar and therefore issuance of summons to the said defendants is deferred.
15. The summons shall indicate that the written statement(s) must be filed within thirty (30) days from the date of receipt of the summons. The CS(COMM) 810/2025 Page 2 of 13 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 12/08/2025 at 22:00:32 Defendant nos. 1 to 35 shall also file affidavit(s) of admission/denial of the documents filed by the Plaintiff, failing which the written statement(s) shall not be taken on record.
16. The Plaintiff is at liberty to file replication(s) thereto within thirty (30) days after filing of the written statement(s). The replication(s) shall be accompanied by affidavit(s) of admission/denial in respect of the documents filed by Defendant nos. 1 to 35, failing which the replication(s) shall not be taken on record.
17. The parties shall file all original documents in support of their respective claims along with their respective pleadings. In case parties are placing reliance on a document, which is not in their power and possession, its detail and source shall be mentioned in the list of reliance, which shall also be filed with the pleadings.
18. It is made clear that any unjustified denial of documents may lead to an order of costs against the concerned party.
19. Any party seeking inspection of documents may do so in accordance with the Delhi High Court (Original Side) Rules, 2018.
20. List before the learned Joint Registrar (J) for completion of service and pleadings on 18.09.2025.
21. List before the Court on 20.01.2026.
I.A. 19337/2025 (Under Order XXXIX Rule 1 and 2 CPC)
22. This is an application on behalf of the Plaintiff under Order XXXIX Rules 1 & 2 read with Section 151 of CPC seeking grant of ad-interim injunction against the Defendants.
23. The present suit has been filed by the Plaintiff seeking permanent injunction restraining infringement of its copyright and broadcast CS(COMM) 810/2025 Page 3 of 13 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 12/08/2025 at 22:00:32 reproduction rights, under the Copyright Act, 1957 ['the Copyrights Act'] on account of unlawful activities by Defendant nos. 1 to 35 in facilitating/enabling/authorizing access to the public of the Plaintiff's exclusive copyright in content, inter alia, films, general entertainment, content, original web-series ['plaintiff's content'].
24. The Defendant nos. 36 to 46 have been arrayed, who are Domain Name Registrars ['DNRs'] for the infringing websites.
25. The Defendant nos. 47 to 55 are various Internet Service Providers ['ISPs'] available domestically in India, who provide access to internet in India.
26. The Defendant no. 56 is the Department of Telecommunication ['DOT'], while Defendant no. 57 is Ministry of Electronics and Information Technology ['MEITY'].
27. The Defendant no. 58 has been arrayed as 'Ashok Kumar' which is a generic name [as John Doe] to include all those who in the future may be discovered as using the Plaintiff's content.
28. The relevant facts as stated in the plaint are as under: -
28.1 It is stated that the Plaintiff owns and operates the online audio-visual streaming platform and website, 'www.hotstar.com', and the mobile application, 'JioHotstar', formerly known as 'Disney+ Hotstar' [hereinafter collectively referred to as 'JioHotstar']. It is stated that the Plaintiff through its TV Channels and OTT platforms offers over 100,000 hours of programs across genres and various languages. 28.2 It is stated that apart from owning and managing JioHotstar, the Plaintiff is also the producer or the exclusive assignee or licensee of web-
series original content, in various languages including Hindi and English, CS(COMM) 810/2025 Page 4 of 13 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 12/08/2025 at 22:00:32 which is made accessible only on JioHotstar.
28.3 It is stated that the Plaintiff also has the exclusive rights in the content on TV Shows, films and/or web-series which are communicated on 'JioStar' Channels. It is stated that one of the exclusive rights of the Plaintiff is to communicate such films/original content/television shows to the public at large. It is pleaded that "communication to the public" has been defined under Section 2(ff) of the Copyrights Act. And, therefore, the Plaintiff has the exclusive right to make its work, including original content/television shows/films/web-series, available for being seen or heard or otherwise enjoyed by the public directly or by any means of display or diffusion including by means of television, cable, satellite or internet [websites and applications].
28.4 It is stated that any person who interferes with or exploits any of the said rights without permission of the Plaintiff would be deemed to be infringing the Plaintiff's copyright in terms of Section 51 of the Copyrights Act.
28.5 It is alleged that Defendant nos. 1 to 35 are rogue websites that communicate, make available to, and provide access to public, Plaintiff's content without any authorization from various right owners, including the Plaintiff. The Plaintiff has further pleaded that Defendant nos. 1 to 35 are illegally broadcasting multiple content, which exclusively belongs to the Plaintiff.
29. Mr. Sidharth Chopra, learned counsel for the Plaintiff submits that the content on 'JioHotstar' and the 'JioStar' Channels produced by the Plaintiff and/or exclusively licensed to the Plaintiff forms the subject matter of the instant suit.
CS(COMM) 810/2025 Page 5 of 13This 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 12/08/2025 at 22:00:32 29.1. He submits that as averred in paragraph nos. 5, 8 and 11 of the plaint, Plaintiff is the producer/right-holder of various TV shows, films and/or web- series which are disseminated on 'JioStar' Channels and/or 'JioHotstar' and have the exclusive distribution rights to publicly exhibit and communicate the said content through any medium or more, including on the 'JioStar' Channels or 'JioHotstar'.
29.2. He states that the content is protected as 'cinematograph films' under Section 2(f) read with Section 13 of the Copyrights Act. He asserts that Defendant nos. 1 to 35 are liable for infringement of copyright under Section 51 of the Copyrights Act. And, the various 'exclusive rights' that, inter alia, would be deemed to have been infringed and violated by the defendant nos. 1 to 35 are:
a. the rights of making a copy of plaintiff's cinematograph films including the storing of it in any medium by electronic or other means;
b. the right of communicating plaintiff's cinematographs films to the public.
29.3. He submits that copyright infringement notices under the Digital Millennium Copyright Act, 1998 ['DMC Act'] have been duly addressed and issued to each of the rogue websites, and are placed on record. He submits that none of the defendants have responded to the same. 29.4. He has drawn this Court's attention to the decision of the Coordinate Bench of this Court in UTV Software Communication v. 1337X.TO & Ors.2, wherein the Court has deliberated in detail on the issues involved 2 2019 SCC OnLine Del 8002 CS(COMM) 810/2025 Page 6 of 13 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 12/08/2025 at 22:00:32 around infringing websites. In the said decision, the Court has formulated certain illustrative guidelines for the Courts to assess while determining whether an infringing website would be considered as promoting or offering pirated content. For ease of reference, an extract from the decision is as under: -
"59. In the opinion of this Court, some of the factors to be considered for determining whether the website complained of is a FIOL/Rogue Website are:
a. whether the primary purpose of the website is to commit or facilitate copyright infringement;
b. the flagrancy of the infringement, or the flagrancy of the facilitation of the infringement;
c. whether the detail of the registrant is masked and no personal or traceable detail is available either of the Registrant or of the user.
d. whether there is silence or inaction by such website after receipt of take down notices pertaining to copyright infringement.
e. whether the online location makes available or contains directories, indexes or categories of the means to infringe, or facilitate an infringement of copyright; f. whether the owner or operator of the online location demonstrates a disregard for copyright generally; g. whether access to the online location has been disabled by orders from any court of another country or territory on the ground of or related to copyright infringement; h. whether the website contains guides or instructions to circumvent measures, or any order of any court, that disables access to the website on the ground of or related to copyright infringement; and i. the volume of traffic at or frequency of access to the website;
j. Any other relevant matter.
60. This Court clarifies that the aforementioned factors are illustrative and not exhaustive and do not apply to intermediaries as CS(COMM) 810/2025 Page 7 of 13 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 12/08/2025 at 22:00:32 they are governed by IT Act, having statutory immunity and function in a wholly different manner."
30. This Court has heard the learned counsel for the plaintiff and perused the record.
31. The illustrative list of content to which the plaintiff claims its copyright and which is being made available through the infringing websites of Defendant nos. 1 to 35, as set-out at paragraph nos. 4 and 11 of the plaint and the synopsis, is reproduced as under:
S. Name of the Plaintiff's Content S. Name of the Plaintiff's Content No. (Original Content/Film/TV No. (Original Content/Film/TV Show) Show)
1. 12th Fail 2. Drishyam 2
3. Salaar Part 1 Ceasefire 4. The Lion King
5. Neru 6. Naa Saami Ranga
7. Bramhastra Part One: Shiva 8. Descendants: The Rise of Red
9. Inside Out 10. Cadaver
11. Manjummel Boys 12. Avatar: The Way of Water
13. Dus June ki Raat 14. Anupamaa
15. Tangled 16. Mrs. Doubtfire
17. Toy Story 4 18. Yeh Rishta Kya Kehlata Hai
19. Cruella 20. Sanju
21. Hey Sinamika 22. Avengers Infinity War
23. Kings of Kotha 24. Thor: Ragnarok
25. Guardians of The Galaxy 26. Chutney Sambar
27. The Maze Runner 28. Bheeshma Parvam
29. Neymar 30. Vadhuvu
31. Loki 32. Label
33. Bhaag Milkha Bhaag 34. Darling
35. Padmaavat 36. Mary Kom
37. Laal Singh Chaddha 38. Andhadhun
39. OMG 2 40. Sarzameen
41. Bigg Boss 42. Pill
43. Tali 44. Taaza Khabar
45. Motu Patlu 46. Ghum Hai Kisikey Pyaar Mein CS(COMM) 810/2025 Page 8 of 13 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 12/08/2025 at 22:00:32
47. Laughter Chefs 48. Legends of Hanuman
49. Athidhi
32. It is the plaintiff's case that the plaintiff has an exclusive right under Section 14(d) of the Copyrights Act over the aforementioned content and by virtue of Section 37 of the Copyrights Act, the exclusive right to broadcast, rebroadcast, transmit and communicate to the public on the JioStar Channels and the JioHotstar platform.
33. The plaintiff has averred that defendant nos. 1 to 35 are liable for infringement under the provisions of Section 51 of the Copyrights Act. The plaintiff has placed on record the screenshots of the websites of defendant nos. 1 to 35 to substantiate that the said defendants are infringing the plaintiff's copyright.
In this regard, he has handed over a table enumerating the infringing content streaming on the website of each of the Defendant nos. 1 to 35. This table contains the details of the documents filed along with the plaint vis-à- vis each Defendant, which show the illegal activities of Defendant nos. 1 to
35. The said table also contains the corresponding page nos. of the relevant documents filed along with the plaint. The said list is marked as Annexure-A and taken on record.
34. Upon a perusal of the documents placed on record, this Court is of the prima facie view that Defendant nos. 1 to 35 are infringing the Plaintiff's statutory rights by streaming, displaying, hosting, reproducing and making available to the public, the content which is exclusively owned by the Plaintiff. In view of the aforesaid, this Court is of the prima facie opinion that the Plaintiff has established a case for grant of ex-parte ad-interim CS(COMM) 810/2025 Page 9 of 13 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 12/08/2025 at 22:00:32 injunction in its favour and against the Defendants. The balance of convenience also lies in favour of the Plaintiff and irreparable loss would be caused to the Plaintiff if the Defendant nos. 1 to 35 are not restrained from infringing the Plaintiff's content.
35. Accordingly, till the next date of hearing the following directions are issued:
a. Defendant nos.1 to 35 including their owners, partners, proprietors, officers, servants, affiliates, employees, and all others in capacity of principal or agent acting for and on its behalf, or anyone claiming through, by or under it, are restrained from in any manner communicating to the public, hosting, storing, reproducing, streaming, broadcasting, re- broadcasting, causing to be seen or heard by public on payment of charge and/or making available for viewing Plaintiff's content through their websites including those listed as under:
S.NO. Websites Name
1. serialmaza.my
2. 5movierulz.cash
3. zolomovies.biz
4. tudhadkanmaindil.com
5. yomovies1.bond
6. tamildhool.net
7. sungohd.com
8. vegamovies-nl.quest
9. vegamovies-nl.bio
10. shivshaktiserials.com
11. movies4u.mba
CS(COMM) 810/2025 Page 10 of 13
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 12/08/2025 at 22:00:32
12. movienest.lol
13. mkvcinemas.men
14. mangallakshmiserial.com
15. khatronkekhiladi.net
16. hdmovie2.yoga
17. bolly4u.video
18. biggbosstoday.net
19. biggbossott3.com
20. bdhdmusic23.cc
21. hdhub4u.fail
22. hdhub4u.family
23. hdmovie2.computer
24. hdmovie2.shoes
25. q.hdhc.site
26. bromovies.tv
27. bollyflix.dance
28. 5movierulz.life
29. 5movierulz.dance
30. 1pogolinks.site
31. 1tamilcrow.net
32. biggboss.my
33. fullserials.xatab.top
34. go5pm.com
35. ww1.couchtuner.guru b. Defendant nos. 36 to 46 are directed to lock and suspend/deactivate the abovementioned domains/sub-domains of the infringing websites.CS(COMM) 810/2025 Page 11 of 13
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 12/08/2025 at 22:00:32 c. Defendant nos. 36 to 46 are directed to disclose complete details [inter alia name, address, email, phone number and IP address] of Defendant nos. 1 to 35, and mode of payment along with payment details used for registrations of the said domain names. The said disclosure shall be made by an affidavit and be filed before this Court within a period of four weeks. d. Defendant nos. 47 to 55 [ISPs] are directed to block access to these infringing websites tabulated above, within 48 hours of receipt of this order.
e. Defendant nos. 56 [i.e. DoT] and 57 [i.e., MEITY] shall take steps to ensure that ISPs comply with the directions issued above, through appropriate communications and notices sent to the said ISPs, including other ISPs which are registered with them.
f. In case, there is any work in respect whereof there is any dispute as to the ownership of the copyright, an application may be moved by the affected party before the Court, to seek clarification.
36. In the facts of this case, the Plaintiff has also prayed for a dynamic injunction to protect its copyrighted works from the hydra-headed websites, as soon as they are created. This Court is satisfied in the facts of this case dynamic injunction ought to be issued to protect the Plaintiff's copyrighted works.
36.1. It is thus further directed that if any other mirror/alphanumeric/similar/redirect variation of the websites identified in the suit as Defendant Nos. 1 to 35 are found to be directly or indirectly CS(COMM) 810/2025 Page 12 of 13 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 12/08/2025 at 22:00:32 infringing Plaintiff's rights, the Plaintiff will be at liberty to file an appropriate application under Order I Rule 10 CPC for impleading the said websites along with an affidavit with sufficient supporting evidence for seeking extension of the injunction to such websites. Upon filing such applications before the Registrar, if the Registrar is satisfied, the websites will be impleaded and the injunction shall be made operational against the said newly impleaded websites.
37. The provisions of Order XXXIX Rule 3 CPC shall be complied within one (1) week from today.
38. In the peculiar facts of this case, issue notice to Defendant nos. 1 to 57 through e-mode, by the registry.
39. Let the reply to this application be filed within a period of three (3) weeks.
40. Rejoinder thereto, if any, be filed within a period of three (3) weeks thereafter.
41. List before the learned Joint Registrar (J) on 18.09.2025.
42. List before the Court on 20.01.2026.
43. The digitally signed copy of this order, duly uploaded on the official website of the Delhi High Court, www.delhihighcourt.nic.in, shall be treated as a certified copy of the order for the purpose of ensuring compliance. No physical copy of order shall be insisted by any authority/entity or litigant.
MANMEET PRITAM SINGH ARORA, J AUGUST 8, 2025/rhc/MG CS(COMM) 810/2025 Page 13 of 13 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 12/08/2025 at 22:00:32