Delhi High Court - Orders
Indya Records And Films Private Limited vs Frankfinn Entertainment Company ... on 23 November, 2023
Author: Prathiba M. Singh
Bench: Prathiba M. Singh
$~52
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CS(COMM) 841/2023, CAV 600/2023, I.As. 23289/2023,
23290/2023, 23291/2023, 23292/2023
INDYA RECORDS AND FILMS PRIVATE LIMITED..... Plaintiff
Through: Mr. Uttam Datt, Mr. Arjun Anand,
Ms. Sonakshi Singh, Mr. Kumar
Bhaskar & Mr. Aman Sanjeev
Sharma Advs. (M. 9711834225)
versus
FRANKFINN ENTERTAINMENT COMPANY
PRIVATE LIMITED & ORS. ..... Defendants
Through: Mr. Sanjiv Sindhwani, Sr Advocate,
Mr. Kapil Midha, Ms. Samiksha
Gupta, Mr. Garv Singh, Advs. D-1
(M. 9318887589)
Mr. Arjun Natarajan, Ms. Kaustubh
Shakkarwar, & Ms. Kamana
Pradhan, Advs D-3 (M.
6370646277).
Mr. Aditya Gupta, Mr. Raunaq
Kamath and Ms. Aishwarya Kane,
Advocates D-4 (M: 9910083144).
Ms. Tanya Chaudhry, Mr. Mrinal
Ojha, Mr. Debarshi Datta, Advs. D5
(9654436678)
CORAM:
JUSTICE PRATHIBA M. SINGH
ORDER
% 23.11.2023
1. This hearing has been done through hybrid mode. I.A.23291/2023 (for exemption)
2. This is an application filed by the Plaintiff seeking exemption from filing originals/certified/cleared/typed or translated copies of documents, left side margins, electronic documents, etc. Original documents shall be CS(COMM) 841/2023 Page 1 of 5 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 25/11/2023 at 22:05:44 produced/filed at the time of Admission/Denial, if sought, strictly as per the provisions of the Commercial Courts Act and the DHC (Original Side) Rules, 2018.
3. Exemption is allowed, subject to all just exceptions.
4. Accordingly, the application is disposed of. I.A.23290/2023 (for additional documents)
5. This is an application filed by the Plaintiff seeking leave to file additional documents under the Commercial Courts, Commercial Division and Commercial Appellate Division of High Courts Act, 2015 (hereinafter, 'Commercial Courts Act'). 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 DHC (Original Side) Rules, 2018.
6. The application is disposed of.
I.A.23292/2023 (u/S 12A of the Commercial Courts Act)
7. This is an application filed by the Plaintiff seeking exemption from instituting pre-litigation mediation under Section 12A of the Commercial Courts Act. Considering the facts and circumstances of the case, the Court is satisfied that in terms of the judgment of the Hon'ble Supreme Court in Yamini Manohar v. T.K.D Keerthi, SLP(C) 023488/2023, the suit contemplates urgent interim relief. In these facts, the exemption under Section 12A is granted to the Plaintiff. Accordingly, the application is disposed of.
CAV 600/20238. Since the Defendants are present. Caveat stands discharged. CS(COMM) 841/2023
9. Let the plaint be registered as a suit.
CS(COMM) 841/2023 Page 2 of 5This 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 25/11/2023 at 22:05:44
10. Issue summons to the Defendants through all modes upon filing of the Process Fee. Summons is accepted by Mr. Kapil Midha on behalf of the Defendant no.1.
11. Ld. Counsel appearing for Defendant No. 5 - GoDaddy LLC submits that Defendant No. 6- Godaddy India Domains and Hosting Services Private Limited has no role to play in respect of the domain name indyarecords.com. Accordingly, Defendant No. 6 is deleted from the array of parties.
12. Ms. Tanya Chaudhry accepts summons on behalf of Defendant No. 5.
13. Ms. Kaustubh Shakkarwar accepts summons on behalf of Defendant No. 3- Kanwal Deep Kohli.
14. Mr. Aditya Gupta accepts summons on behalf of Defendant No. 4- Google LLC.
15. Thus, except Defendant No. 2, all the other Defendants stand served. In respect of Defendant No. 2 issue notice and summons.
16. The written statement(s) to the plaint shall be positively filed within 30 days. Along with the written statement(s), the Defendants shall also file an affidavit of admission/denial of the documents of the Plaintiff, without which the written statement(s) shall not be taken on record.
17. Liberty is given to the Plaintiff to file the replication(s) within 15 days of the receipt of the written statement(s). Along with the replication(s), if any, filed by the Plaintiff, an affidavit of admission/denial of documents of the Defendants, be filed by the Plaintiff, without which the replication(s) shall not be taken on record. If any of the parties wish to seek inspection of any documents, the same shall be sought and given within the timelines.
CS(COMM) 841/2023 Page 3 of 5This 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 25/11/2023 at 22:05:44
18. List before the Joint Registrar for marking of exhibits on 15th January, 2024. It is made clear that any party unjustifiably denying documents would be liable to be burdened with costs.
19. List before Court on 4th April, 2024.
I.A. 23289/2023 (u/O XXXIX Rules 1 & 2 CPC)
20. This is a suit for declaration in respect of the YouTube channel which is known by the name "Shabad Kirtan Gurbani - Divine Amrit Bani". The said YouTube channel has already been a subject matter of a separate suit - namely CS (Comm) 192/2021 titled Frankfinn Entertainment Company Pvt. Ltd. v. Unisys Infosolutions Pvt. Ltd. & Ors., which has been filed by the Defendant No. 1 against Defendant No. 2 and others. In the said suit, an order dated 2nd March 2022 was passed against Defendant no.2 from using the channel name. The said order was appealed in FAO(OS) (COMM) 60/2022, which is pending. However, there is no stay of the order of the ld. Single judge.
21. The Plaintiff in the present suit is also claiming rights in the said channel and according to the Plaintiff, it was given liberty to institute the present suit vide order dated 18th August, 2023 passed by the ld. Supreme Court in SLP 6284/2022 titled as M/S Indya Records and Films Pvt. Ltd v. Frankfinn Entertainment Company Pvt. Ltd.& Ors. The said order reads as under:-
"This Court is of the opinion that suitable remedies can be agitated in separate proceedings. It is open to the petitioner to avail them. However, it is clarified that any observations in the impugned order which tend to be prejudicial to such a claim shall not be treated as conclusive and will not preclude the parties CS(COMM) 841/2023 Page 4 of 5 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 25/11/2023 at 22:05:44 from asserting any rights or contentions, in accordance with law.
The special leave petition is disposed of in the above terms.
All pending applications are disposed of."
22. Mr. Sindhwani, ld. Sr. Counsel for Defendant No. 1, raises an objection as to maintainability and limitation. Let the said objection be raised in the written statement. The interim application for ad interim injunction is not pressed as on date.
23. List before the Court on 4th April, 2024.
PRATHIBA M. SINGH, J.
NOVEMBER 23, 2023 mr/bh CS(COMM) 841/2023 Page 5 of 5 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 25/11/2023 at 22:05:44