Delhi High Court - Orders
Novex Communications Private Limited vs Impresario Entertainment And ... on 23 August, 2024
$~33
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CS(COMM) 167/2024 & I.A. 4367/2024, I.A. 4368/2024, I.A.
4369/2024, I.A. 4370/2024, I.A. 4371/2024, I.A. 37292/2024, I.A.
37293/2024
NOVEX COMMUNICATIONS PRIVATE LIMITED .....Plaintiff
Through: Mr. C.M. Lall, Sr. Adv. with Mr.
Jasdeep Dhillon and Mr. Anirudh
Jamwal, Advs.
versus
IMPRESARIO ENTERTAINMENT AND HOSPITALITY PVT.
LTD & ANR. .....Defendants
Through: Mr. Amit Sibal, Mr. Akshay Makhija,
Sr. Advs. with Ms. Shikha Sachdeva,
Ms. Kriti Rathi, Ms. Annie Jacob,
Advocates
(M:7698000300,9315633291)
CORAM:
HON'BLE MS. JUSTICE MINI PUSHKARNA
ORDER
% 23.08.2024 I.A. 37293/2024
1. The present is an application has been filed on behalf of the plaintiff under Section 151 of the Code of Civil Procedure, 1908 ("CPC") for placing on record Digital Versatile Discs (DVDs)/ Video Compact Discs (VCDs).
2. Learned Senior Counsel for the plaintiff submits that the plaintiff wishes to place on record the video recordings of the songs played by the defendants in their establishments. It is submitted that the DVDs/VCDs contains the video recordings of the songs played by the defendants in their venues, i.e., Social- Saket and Social- Hauz Khas, without authorization on 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 25/08/2024 at 00:53:48 02nd March, 2024 and 23rd March, 2024, respectively.
3. Issue notice. Notice is accepted by learned senior counsel appearing for the defendants.
4. Rule 24 of Chapter-XI of the Delhi High Court (Original Side) Rules, 2018, makes it clear that electronic records can be received in CD/DVD/Pen Drive, encrypted with a hash value. The said Rule is extracted as below:
"xxx xxx xxx
24. Reception of electronic evidence - A party seeking to tender any electronic record shall do so in a CD/ DVD/ Medium, encrypted with a hash value, the details of which shall be disclosed in a separate memorandum, signed by the party in the form of an affidavit. This will be tendered along with the encrypted CD/ DVD/ Medium in the Registry. The electronic record in the encrypted CD/ DVD/ Medium will be uploaded on the server of the Court by the Computer Section and kept in an electronic folder which shall be labelled with the cause title, case number and the date of document uploaded on the server. Thereafter, the encrypted CD/ DVD/ Medium will be returned to the party on the condition that it shall be produced at the time of admission/denial of the documents and as and when directed by the Court/ Registrar. The memorandum disclosing the hash value shall be separately kept by the Registry on the file. The compliance with this rule will not be construed as dispensing with the compliance with any other law for the time being in force including Section 65B of the Indian Evidence Act, 1872. xxx xxx xxx"
5. Considering the submissions made before this Court, the DVDs/VCDs filed by the plaintiff are allowed to be taken on record.
6. Accordingly, the Registry may receive the electronic record in a pen drive, so long it is encrypted with a hash value, or in any other non-editable format. The video recording containing the pen drive, be placed in the electronic record of the present suit, in a format which is not editable, so that the same can be viewed by the Court during the course of hearing.
7. The present application is allowed and disposed of.
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 25/08/2024 at 00:53:48 I.A. 37292/2024 (under Order XXXIX Rule 2A of CPC)
8. The present application has been filed under Order XXXIX Rule 2A CPC on behalf of the plaintiff for deliberate breach of the injunction order dated 26th February, 2024 passed by this Court.
9. Learned Senior Counsel for the plaintiff submits that it has come to the knowledge of the plaintiff through reliable sources that despite giving a specific undertaking before this Court, the defendants are still playing the sound recordings belonging to the plaintiff, without obtaining the requisite license from the plaintiff.
10. Learned Senior Counsel for the plaintiff has drawn the attention of this Court to the order dated 26th February, 2024, wherein, undertaking on behalf of the defendants has been recorded that the defendants do not intend to play the sound recordings, in which copyright is owned by the plaintiff and for which they do not have a licence as yet.
11. Learned Senior Counsel for the plaintiff submits that a letter dated 04th May, 2024, was written by the plaintiff to the defendants, clearly bringing out the fact of infringing activities being carried out by the defendants. In response to the letter dated 04th May, 2024, the defendants vide letter dated 20th May, 2024 disputed the right of the plaintiff for grant of any licence with regard to the repertoire of the plaintiff.
12. Attention of this Court has been drawn to Paragraphs 4, 6 and 7 of the reply dated 20th May, 2024 given by the defendants.
13. Issue notice. Notice is accepted by learned counsel for the defendants.
14. Learned Senior Counsel for the defendants at the outset submits that the defendants are bound by their undertaking as recorded vide order dated 26th February, 2024. He further submits that the defendants have not violated 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 25/08/2024 at 00:53:48 the order dated 26th February, 2024. He, however, submits that the defendants shall check the position with regard to the instances of infringement, as brought forth by the plaintiff.
15. He further submits that after passing of the order dated 26th February, 2024, the defendants wrote a categorical letter to all responsible persons within its organisation, to not play the repertoire of the plaintiff, without taking the requisite licence.
16. Learned Senior Counsel for the defendants submits that in case any violation has happened, the same is inadvertent. He reiterates the undertaking of the defendants that they do not intend to play the sound recording, in which the copyright is owned by the plaintiff.
17. It is submitted that the defendants want to play the music of the plaintiff after taking the due licence. However, the terms of the licence need to be discussed with the plaintiff. For this purpose, he submits that a meeting ought to take place at a high level from both the plaintiff's side as well as the defendants' side.
18. It is further submitted that the aforesaid submissions made on behalf of the defendants are without prejudice to the rights and contention of the defendants.
19. Let reply be filed within a period of four weeks. Rejoinder thereto, if any, be filed within a period of two weeks, thereafter.
20. Re-notify on 28th October, 2024.
CS(COMM) 167/2024 & I.A. 4367/2024, I.A. 4368/2024, I.A. 4369/2024, I.A. 4370/2024, I.A. 4371/2024
21. In view of the submissions made by learned Senior Counsel for the defendants, as recorded in the preceding paragraphs, this Court is of the 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 25/08/2024 at 00:53:48 view that senior officials from both the sides ought to sit together and resolve the matter. It is so, directed.
22. Learned Senior Counsel for the defendants submits that Mr. Riyaaz Amlani, CEO of the defendants and Mr. Satyajit Dhingra, COO of the defendants, shall be present for talks with the representatives of the plaintiffs.
23. Learned Senior Counsel for the plaintiff submits that from the plaintiff's side, Mr. Ketan Kanakia and Ms. Bhawna Chugh, shall remain present for the settlement talks.
24. Accordingly, it is directed that the aforesaid senior representatives of both the parties shall endeavour to meet personally, as well as through Video Conferencing and resolve the matter.
25. Accordingly, re-notify on 28th October, 2024.
MINI PUSHKARNA, J AUGUST 23, 2024 au 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 25/08/2024 at 00:53:48