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Delhi High Court - Orders

Greenhorn Wellness Private Limited vs Mohalla Tech Private Limited & Ors on 17 December, 2025

Author: Manmeet Pritam Singh Arora

Bench: Manmeet Pritam Singh Arora

                          $~50
                          *         IN THE HIGH COURT OF DELHI AT NEW DELHI
                          +         CS(COMM) 1354/2025 & I.A. 31664-31671/2025
                                    GREENHORN WELLNESS PRIVATE LIMITED                                                     .....Plaintiff
                                                                  Through:            Mr. Aditya Gupta, Mr. Siddharth
                                                                                      Varshney and Ms. Aakriti Bansal,
                                                                                      Advs.
                                                                  versus

                              MOHALLA TECH PRIVATE LIMITED & ORS.         .....Defendants
                                            Through: Mr. Rajiv Nayyar, Sr. Adv., Mr.
                                                     Darpan Wadhwa, Sr. Adv., Ms. Swati
                                                     Sukumar, Sr. Adv. with Mr. Sandeep
                                                     Devashish Das, Mr. Soham Goswami,
                                                     Mr. Tejasvi Mahajan, Mr. Lokesh
                                                     Kumar, Advs.
                          CORAM:
                          HON'BLE MS. JUSTICE MANMEET PRITAM SINGH ARORA
                                                  ORDER

% 17.12.2025 I.A. 31666/2025 (seeking leave to file additional documents)

1. This is an application seeking leave to file additional documents under Order XI Rule 1(4) of the Code of Civil Procedure, 1908 („CPC‟) read with Section 151 CPC, within thirty (30) days.

2. The plaintiff, if they wish to file additional documents will file the same within thirty (30) days from today, and it shall do so strictly as per the provisions of the Commercial Courts Act and the Delhi High Court (Original Side) Rules, 2018 („DHC Rules‟).

3. For the reasons stated in the application, the same is allowed.

4. Accordingly, the application is disposed of.

I.A. 31665/2025 (seeking exemption) CS(COMM) 1354/2025 Page 1 of 11 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 19/12/2025 at 20:56:36

5. This is an application filed for seeking exemption from filing documents with correct margins.

6. Subject to the plaintiff filing documents with correct margins within a period of 30 days from today, exemption is granted for the present, failing which, the plaintiff will not be entitled to rely upon these documents.

7. The application is disposed of.

I.A. 31667/2025 (seeking exemption from pre-litigation mediation)

8. This is an application under Section 12A of the Commercial Courts Act, 2015 read with Section 151 CPC, filed by the plaintiff seeking exemption from instituting pre-litigation mediation.

9. Having regard to the facts 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.

10. Accordingly, the application stands disposed of. I.A. 31671/2025 (seeking exemption from advance service)

11. This is an application for seeking exemption from serving advance copy of the suit paper-book to defendant nos. 5 to 41.

12. For the reasons stated in the application, exemption from serving an advance copy of the suit paper-book sought against defendant nos. 5 to 41 is allowed.

13. This application is disposed of.

I.A. 31668/2025 (seeking leave to file the redacted documents)

14. This is an application filed under Section 151 of the CPC, seeking leave to file redacted documents.

CS(COMM) 1354/2025 Page 2 of 11

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 19/12/2025 at 20:56:36

15. Issue notice to the defendant nos. 1 to 41 through all modes.

16. Mr. Sandeep Devashish Das, Advocate accepts notice on behalf of defendant nos. 1 to 4.

17. Reply be filed within four [4] weeks. Rejoinder thereto, if any, be filed within four [4] weeks thereafter.

I.A. 31669/2025 (seeking discovery of interrogatories)

18. This is an application filed by the plaintiff under Order XI Rule 2 read with Section 151 of CPC, seeking discovery by interrogatories.

19. Issue notice to Defendant nos. 1 to 4. Learned counsel appearing on behalf of Defendant nos. 1 to 4 accepts notice.

20. Defendant nos. 1 to 4 are directed to answer the interrogatories annexed with the application within four (4) weeks. In case, any defendant has any reservation to a specific interrogatory, it shall file a reply setting out its reason within four (4) weeks.

I.A. 31670/2025 (exemption)

21. This is an application filed under Section 61 of the Copyright Act, 1957 read with Section 151 of the CPC, 1908, seeking exemption from joining the owner of copyright as a pro-forma party to the suit.

22. Issue notice to the defendant nos.1 to 4.

23. Mr. Sandeep Devashish Das, Advocate appearing on behalf of defendant no 1 to 4 accepts notice.

24. Reply be filed within four [4] weeks. Rejoinder thereto, if any, be filed within four [4] weeks thereafter.

CS(COMM) 1354/2025

25. The plaint be registered as a suit.

1

(2024) 5 SCC 815 CS(COMM) 1354/2025 Page 3 of 11 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 19/12/2025 at 20:56:36

26. Issue summons to Defendant nos. 1 to 4.

27. Mr. Sandeep Devashish Das, learned counsel enters appearance on behalf of defendant nos. 1 to 4 and waives formal service of summons. He states that he will file his vakalatnama within one (1) week.

28. An Affidavit of service be filed within two (2) weeks.

29. The written statements be filed within thirty (30) days. The defendants shall also file affidavits of admission/denial of the documents filed by the plaintiff, failing which the written statements shall not be taken on record.

30. The plaintiff is at liberty to file a replication thereto within thirty (30) days after filing the written statements. The replication shall be accompanied by an affidavit of admission/denial in respect of the documents filed by the defendants, failing which the replication shall not be taken on record.

31. It is made clear that any unjustified denial of documents may lead to an order of costs against the concerned party.

32. Any party seeking inspection of documents may do so in accordance with the Delhi High Court (Original Side) Rules, 2018.

33. With respect to Defendant nos. 5 to 41, the Plaintiff is directed to file an amended memo of parties along with process fees within one (1) week from receipt of BSI details from Defendant no. 1.

34. Upon amended memo of parties being filed, issue summons to Defendant nos. 5 to 41 through all permissible modes. Affidavit of service within two (2) weeks thereafter.

35. List before the learned Joint Registrar (J) on 02.02.2026

36. List before Court on 20.05.2026 I.A. 31664/2025 (under Order XXXIX Rules 1 and 2) CS(COMM) 1354/2025 Page 4 of 11 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 19/12/2025 at 20:56:36

37. This is an application filed under Order XXXIX, Rules 1 and 2 read with Section 151 of the Code of Civil Procedure, 1908 on behalf of the plaintiff seeking interim injunction against the defendants.

38. The case set up in the plaint is as follows:

38.1. The Plaintiff is engaged in commissioning, producing, acquiring rights, and distributing and promoting audio-visual works, including micro-

dramas, cinematograph films, and all associated literary, dramatic, musical, and artistic works (hereinafter referred to as "Plaintiff's Copyrighted Works") to offer such micro-drama episodic content to its viewers. 38.2. The Plaintiff launched its digital content platform StoryTV, a leading new-age entertainment platform offering short, one-minute episodic drama content across a range of genres and themes.

38.3. The Plaintiff enjoys exclusive rights in its Copyrighted Works, including all cinematograph films, posters, stills, and all promotional materials. By virtue of being the owner of the copyright in the Copyrighted Works, the Plaintiff has the exclusive rights under Section 14 of the Copyright Act, 1957, to store, issue copies, communicate to the public the cinematograph films that it produces, and exclusive rights to the stills and posters associated with such cinematograph films. Overview of the defendants:

38.4. Defendant No. 1 owns and operates the online platform "MOJ"

(„Impugned platform‟) through the website https://mojapp.in/, as well as through the mobile application "MOJ: SHORT DRAMA & REELS. 38.5. Defendant No. 2/ Ms. Anwesha Chakraborty and Defendant No. 4/ Mr. Nikhilesh Thakur, are employee/representatives of Defendant No. 1.

CS(COMM) 1354/2025 Page 5 of 11

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 19/12/2025 at 20:56:36 38.6. Defendant No. 3/Mr. Siddharth Tambat, is believed to be an employee/ representative of Defendant No. 1 and is operating from the email address [email protected] 38.7. Defendant Nos. 5 to 41 are the user accounts on Defendant No. 1 's Impugned Platform who appear to be posting, publishing, and circulating Plaintiff's Copyrighted Works on the profiles on Defendant No. 1 's platform whereas Defendant No. 42 is "Ashok Kumar/ John Doe". Overview of Infringement 38.8. It is the case of the plaintiff that in September 2025, the Plaintiff learnt that some of its Copyrighted Works were available, without authorisation, on Defendant No. 1‟s Impugned Platform. 38.9. It is stated that the Plaintiff, to protect its proprietary rights, sent an email to Defendant No. 1 on 17.11.2025, requesting that it the takedown of the Plaintiff‟s Copyrighted Works from the Impugned Platform. In response, Defendant No. 1, vide letter dated 18.11.2025, confirmed that it had taken down the infringing links highlighted in the Plaintiff‟s email and claimed that it is an intermediary and thus it can avail of the defence of Section 79 of the Information Technology Act.

38.10. It is stated that however the Plaintiff discovered approximately an additional 1,500 links on Defendant No. 1‟s Impugned Platform through which the Plaintiff‟s Copyrighted Works were available and consequently issued a legal notice dated 21.11.2025 to Defendant no.1 and called upon to provide all the details of the uploaders who have uploaded the videos infringing the Plaintiff‟s exclusive rights over the content. 38.11. It is further stated that Defendant No. 1, by its response dated 05.12.2025, stated that all the infringing links identified by the Plaintiff had CS(COMM) 1354/2025 Page 6 of 11 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 19/12/2025 at 20:56:36 been taken down; however, Defendant No. 1 failed to provide the complete details sought by the Plaintiff in respect of the uploaders. 38.12. Thereafter, in December 2025, the Plaintiff again discovered an additional 3,000 links on Defendant No. 1‟s Impugned Platform on which the Plaintiff‟s Copyrighted Works are available without authorisation. 38.13. It is stated that Defendant No. 1, through its impugned platform, routinely sends push notifications encouraging users to continue watching infringing series made available on the platform. 38.14. It is further stated that the Plaintiff became aware that Defendant Nos. 2 and 3 had attempted to gain unauthorized access to the Plaintiff‟s copyrighted works, whereas Defendant No. 4 had attempted to access a Google Sheet titled "Team A (Ather)" containing the Plaintiff‟s highly confidential business information.

38.15. It is stated that Defendant No. 1, being a direct competitor of the Plaintiff, has engaged in unlawful activities by making the Plaintiff‟s copyrighted works available on its impugned platform. Such acts of unauthorized reproduction and dissemination include the use of the Plaintiff‟s artistic works as thumbnails, cover images, and promotional creatives on the impugned platform, thereby infringing the Plaintiff‟s exclusive statutory rights under Sections 14 and 17 of the Copyright Act. These infringing activities have resulted in, or are likely to result in, the diversion of subscriber and viewer traffic from the Plaintiff‟s platform to Defendant No. 1‟s impugned platform.

38.16. Aggrieved by the repeated and unlawful attempts of the Defendants to illicitly access and exploit the Plaintiff‟s copyrighted content, databases, and CS(COMM) 1354/2025 Page 7 of 11 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 19/12/2025 at 20:56:36 confidential information, the Plaintiff was constrained to institute the present suit.

Submissions of the parties

39. Learned counsel for the plaintiff states that at this ex-parte ad-interim stage, he is seeking the following directions to defendant no. 1:

i. Defendant no. 1 takes down the 3000 + links identified in document no. 1 to the plaint, in addition, defendant no. 1 takes down any further links identified by the plaintiff and communicated to the defendant within 36 hours.
ii. Defendant no. 1 discloses the BSI details of defendant nos. 5 to 41 as well the details of the revenue earned by defendant nos. 5 to. 41 on their channels.
iii. Defendant no. 1 ensures that its push notifications promoting the copyrighted content of the plaintiff on its platform are taken down.

40. Mr. Rajeev Nayyar, learned senior counsel appearing on behalf of the defendant, submitted that the links enlisted in Document no. 1 filed along with the plaint will be taken down within 36 hours, and similarly, any further links communicated by the plaintiff will also be taken down within 36 hours.

40.1. He states that the BSI details as well as IP logs of the defendant nos. 5 to 41 will be provided to the plaintiff within two (2) weeks and the details of the revenue earned by the said users will also be provided to this Court in a sealed cover within two (2) weeks.

40.2. He states that with respect to the push notifications, as soon as the 3000+ links are taken down, the push notifications issued on the platform will not promote the copyrighted content of the plaintiff.

CS(COMM) 1354/2025 Page 8 of 11

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 19/12/2025 at 20:56:36 40.3. He states that he will also take further instructions to examine if any other technological input can be put in place on the platform to ensure that the plaintiff‟s copyrighted content is not promoted through push notifications.

41. The submissions made on behalf of Defendant Nos. 1 to 4 by learned counsel are taken on record, and the said defendants shall be bound by the same.

42. After considering the submissions of the learned counsels for the parties, as well as the pleadings and documents on record, this Court is satisfied that the plaintiff has made out a prima facie case for an ex parte ad- interim injunction.

43. Accordingly, till the next date of hearing, the following directions are being issued:

I. Defendants Nos. 5 to 42, their owners, directors, distributors, partners, servants, agents, partners, representatives, employees, associated companies / firms and affiliates as the case may be, are restrained from directly or indirectly communicating, hosting, streaming, exhibiting, broadcasting, reproducing, and/or making available for viewing and downloading, without authorization, on their platforms including Defendant No. 1‟s Impugned Platform, through the internet in any manner whatsoever, the Plaintiff‟s Copyrighted Works and content related thereto, so as to infringe the Plaintiff's exclusive rights, copyrights and broadcast reproduction rights.
II. Defendant No. 1 to forthwith take down and remove the Plaintiff‟s Copyrighted Works unauthorizedly available at Defendant No. 1‟s Impugned Platform as mentioned in Document 1 filed along with the CS(COMM) 1354/2025 Page 9 of 11 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 19/12/2025 at 20:56:36 plaint and any other links containing works which infringe the Plaintiff‟s Copyrighted Works that are reported by the Plaintiff to Defendant No. 1 within a period of 36 hours of passing this order; III. Defendant No. 1 to disclose on affidavit the complete identity and details, i.e., names, address, phone numbers, e-mail addresses, bank account details, full monetization data of all revenues earned by such Defendant No. 1 and Defendant Nos. 5 to 41 on Defendant No. 1‟s Impugned Platform within two (2) weeks.
IV. Defendant no. 1 is directed to take appropriate steps for fixing its software to ensure that the push notifications on the defendant‟s platform do not promote the copyrighted content of Plaintiff‟s. The steps taken be disclosed in the reply filed to this application.

44. In the meantime, defendant no. 1 is directed to communicate to defendant nos. 5 to 41 through its internal protocol and mechanism with respect to the filing of the present suit and the passing of the order today. An affidavit of service be filed within two (2) weeks.

45. Issue notice to all the defendant nos. 1 to 41.

46. Mr. Sandeep Devashish Das, Advocate appearing on behalf of Defendant nos. 1 to 4, accepts notice.

47. Reply be filed within four (4) weeks. Rejoinder thereto, if any, be filed within four (4) weeks thereafter.

48. Compliance of Order XXXIX Rule 3 of CPC be done within a period of one (1) week from today.

49. List before the learned Joint Registrar (J) on 02.02.2026

50. List before Court on 20.05.2026.

51. The digitally signed copy of this order, duly uploaded on the official CS(COMM) 1354/2025 Page 10 of 11 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 19/12/2025 at 20:56:36 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 DECEMBER 17, 2025/msh/AJ CS(COMM) 1354/2025 Page 11 of 11 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 19/12/2025 at 20:56:36