Delhi High Court - Orders
Star India Pvt Ltd & Anr vs Serialghar.Me & Ors on 29 April, 2024
Author: Sanjeev Narula
Bench: Sanjeev Narula
$~17
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CS(COMM) 700/2022 & I.A. 16482/2022
STAR INDIA PVT LTD & ANR. ..... Plaintiffs
Through: Mr. Angad Singh Makkar, Ms.
Rimjhim Tiwari and Mr. Vivek
Kumar, Advocates.
versus
SERIALGHAR.ME & ORS. ..... Defendants
Through: Mr. Piyush Beriwal and Mr. Nikhil
Chaubey, Advocates for D-44 & 45.
CORAM:
HON'BLE MR. JUSTICE SANJEEV NARULA
ORDER
% 29.04.2024
1. In the previous hearing,1 Mr. Angad Singh Makkar, counsel for the Plaintiffs, submitted that there is no contest to the present lawsuit and sought a short accommodation to take instructions as to whether any cause of action survives in the present. Today, Mr. Makkar states that the suit can be finally decreed in terms of the Injunction order dated 11 th October, 2022.2 He has also pointed out that that the Plaintiffs have in terms of paragraph 24 of the Injunction order filed certain affidavits and pursuant thereto, 1234 websites have been blocked.
2. The Court has enquired as to whether there has been any evaluation or determination by the Joint Registrar or by any other authority, regarding the 1 Order dated 8th April, 2024 2 Injunction Order 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 06/05/2024 at 20:44:04 veracity of the claim made by Plaintiffs in the affidavits filed by them, to which Mr. Makkar responds in the negative.
3. Mr. Makkar also acknowledges that no summons or court notice or intimation of the Injunction order has been served on the alleged rogue websites. Its only prior to the filing of the affidavits that the Plaintiffs had on their own, sent advance copies of the affidavits to the additional impleaded Defendants - Defendant Nos 47-1023.
4. In the above circumstances, the Plaintiffs' request for grant of a final decree has to be carefully deliberated, particularly as to how the dynamic Injunction order already in place has to be given the shape of final decree of the Court.
5. Counsel for Plaintiff is directed to bring the relevant case law on this issue.
6. List for consideration on 24th July, 2024.
SANJEEV NARULA, J APRIL 29, 2024 as 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 06/05/2024 at 20:44:04