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Warner Bros. Entertainment Inc vs Http.//Tamilrockers.Ws & Ors on 2 June, 2021

Author: Anu Malhotra

Bench: Anu Malhotra

                      $~10
                      *      IN THE HIGH COURT OF DELHI AT NEW DELHI
                      +      CS(COMM) 369/2019, I.A. 7064/2021, I.A. 7065/2021, I.A. 7066/202
                             & I.A. 7067/2021

                             WARNER BROS. ENTERTAINMENT INC.                         ..... Plaintiff
                                                Through:     Ms.Savni D       Endlaw, Ms.Disha
                                                             Sharma and       Ms.Surabhi Pande,
                                                             Advocates.

                                                versus

                             HTTP.//TAMILROCKERS.WS & ORS.                        ..... Defendant

                                                Through:     Mr.Tushar Bhardwaj, Adv for
                                                             Defendant Reliance Jio Infocomm
                                                             Limited.
                                                             Mr. Abhay Prakash Sahay CGSC, Mr.
                                                             Anshuman GP, Ms. Mannu Singh
                                                             Adv. Ms. Indira Goswami Adv. For D-
                                                             26/DOT and D-27 MEITY.
                             CORAM:
                             HON'BLE MS. JUSTICE ANU MALHOTRA
                                     ORDER

% 02.06.2021 (hearing through Video Conferencing) I.A. 7065/2021, I.A. 7066/202 & I.A. 7067/2021 (Ex.) Exemptions allowed subject to all just exceptions. The applications stand disposed of.

The matter is stated to be listed before Joint Registrar for the date 20.07.2021 and the same is however taken up on I.A.7064/2021 filed on Signature Not Verified Digitally Signed By:SUMIT GHAI Signing Date:03.06.2021 15:25:22 This file is digitally signed by PS to HMJ ANU MALHOTRA.

behalf of the applicant under Order 1 Rule 10 of the CPC seeking impleadment of additional mirrors, redirects or alphanumeric variations as defendants in the memo of parties with inter se reliance having been placed on behalf of the plaintiff on the observations in the order dated 24.07.2019 with reference also on the verdict of this Court in "UTV Software Communication Ltd. & Anr. v. 1337x.to and Ors." 2019 SCC OnLine Del 8002, wherein it has been observed vide paragraphs 99, 100 & 101 to the effect:-

"99. Though the dynamic injunction was issued by the Singapore High Court under the provisions of Section 193 DDA of the Singapore Copyright Act, and no similar procedure exists in India, yet in order to meet the ends of justice and to address the menace of piracy, this Court in exercise of its inherent power under Section 151 CPC permits the plaintiffs to implead the mirror/redirect/alphanumeric websites under Order I Rule 10 CPC as these websites merely provide access to the same websites which are the subject of the main injunction.

100. It is desirable that the Court is freed from constantly monitoring and adjudicating the issue of mirror/redirect/alphanumeric websites and also that the plaintiffs are not burdened with filing fresh suits. However, it is not disputed that given the wide ramifications of site-wide blocking orders, there has to be judicial scrutiny of such directions and that ISPs ought not to be tasked with the role of arbiters, contrary to their strictly passive and neutral role as intermediaries.

101. Consequently, along with the Order I Rule 10 application for impleadment, the plaintiffs shall file an affidavit confirming that the newly impleaded website is a mirror/redirect/alphanumeric website with sufficient supporting evidence. On being satisfied that the impugned website is indeed a mirror/redirect/alphanumeric website of Signature Not Verified Digitally Signed By:SUMIT GHAI Signing Date:03.06.2021 15:25:22 This file is digitally signed by PS to HMJ ANU MALHOTRA.

injuncted Rogue Website(s) and merely provides new means of accessing the same primary infringing website, the Joint Registrar shall issue directions to ISPs to disable access in India to such mirror/redirect/alphanumeric websites in terms of the orders passed.", with it having been submitted on behalf of the plaintiff rightly that the said application under Order 1 Rule 10 of the CPC has been directed 24.7.2019 thereby, be disposed of in accordance with law and in compliance with the directions dated 24.07.2019 in conformity with the judgment in "UTV Software Communication Ltd. & Anr. v. 1337x.to and Ors.", in the circumstances, the Joint Registrar shall dispose of the I.A.7064/2021 in accordance with law and as directed vide order dated 24.07.2019.

The matter is directed to be placed before the Joint Registrar qua the said I.A. on the date 08.07.2021.

ANU MALHOTRA, J JUNE 2, 2021 'Neha Chopra' Signature Not Verified Digitally Signed By:SUMIT GHAI Signing Date:03.06.2021 15:25:22 This file is digitally signed by PS to HMJ ANU MALHOTRA.