Delhi High Court - Orders
Sony Pictures Network India Pvt. Ltd vs Www.B1.Mylivecricket.Biz And Ors on 27 November, 2020
Author: Rajiv Shakdher
Bench: Rajiv Shakdher
$~1
* IN THE HIGH COURT OF DELHI AT NEW DELHI
I.A.No.11139/2020 in
+ CS(COMM)No.519/2020
SONY PICTURES NETWORK INDIA PVT. LTD. .....Plaintiff
Through : Mr. Abhishek Malhotra, Adv.
versus
WWW.B1.MYLIVECRICKET.BIZ AND ORS. .....Defendants
Through : Mr. K.R. Sasiprabhu and Mr. Tushar
Bhardwaj, Advs. For D-140.
Mr. Abhay Prakash Sahay, CGSC
with Ms. Mannu Singh and Ms. Indira
Goswami, Advs. For D-176 & 177.
CORAM:
HON'BLE MR. JUSTICE RAJIV SHAKDHER
ORDER
% 27.11.2020 [Court hearing convened via video-conferencing on account of COVID-19] I.A. No.11139/2020
1. This is an application filed by the plaintiff under the provisions of Order XXVI Rules 9 and 10 and Order XXXIX Rule 7 read with Section 151 of the Code of Civil Procedure, 1908 [CPC] for appointment of Court Commissioners.
2. To be noted, on 24.11.2020, when the matter came up before the Court, interim directions were passed against certain rogue websites i.e. defendant nos. 1 to 53 and also multi system operators [MSOs] and local cable operators [LCOs], who are arrayed as defendant nos. 54 to 138.
CS(COMM)No.519/2020 page 1 of 5 Signature Not Verified Digitally Signed By:ATUL JAIN Signing Date:28.11.2020 14:18:24 2.1 The plaintiff claims that there have been violations of the interim
order passed by this Court and, therefore, it became necessary to move the Court for appointment of the Court Commissioners. 2.2 It is the contention of Mr. Abhishek Malhotra, who appears on behalf of the plaintiff, that since the window available for the event is short, there is, therefore, an urgent need that the unauthorized and illegal activities carried out by defendant nos. 1 to 53 and also by the MSOs and the LCOs, generally, including defendant nos. 54 to 138 are stopped. 2.3 Mr. Malhotra says that most of the defendants have been served via e- mail. As to the ones who could not be served (as their e-mails bounced back), Mr. Malhotra says that he would attempt service, once again, either via e-mail or through other usual/ordinary means prescribed in that behalf. Mr. Malhotra says that he will file an affidavit of service within the next two days.
2.4 The statement of Mr. Malhotra is taken on record. 2.5 Furthermore, in support of his plea for the appointment of Court Commissioners, Mr. Malhotra relies upon several orders of various benches of this Court. These orders are appended on pages 27, 33, 41 and 50 of the plaintiff's document folder.
2.6 Mr. Malhotra says that apart from defendant nos. 54 to 138, there could be other persons/entities, whose particulars are not known, i.e. John Doe/Ashok Kumars, who also need to be brought within the ambit of the interim order passed by this Court.
CS(COMM)No.519/2020 page 2 of 5 Signature Not Verified Digitally Signed By:ATUL JAIN Signing Date:28.11.2020 14:18:24
3. Accordingly, as prayed, Mr. Karan Kumar Khetani [mobile number:
+91-8005690772] and Ms. Mallika Agarwal [mobile number: +91- 8800139391] are appointed as the Court Commissioners. 3.1 The Court Commissioners will visit the addresses given in the memo of parties concerning defendant nos. 54 to 138 upon the plaintiff's representative, bringing to their notice, the violation of the order dated 24.11.2020, passed by this Court.
3.2 The Court Commissioners will be accompanied by an authorized representative of the plaintiff.
4. In executing the commission, the Court Commissioners will bear in mind the following:
4.1 The Court Commissioners will ascertain as to whether the concerned MSOs/LCOs are unauthorizedly broadcasting and/or transmitting the matches which form part of the India - Australia series which is being held in Australia between 27.11.2020 and 19.01.2021. 4.2 In case it is found that the MSOs/LCOs are, in fact, broadcasting and/or transmitting the said matches, albeit, without a license from the plaintiff, the Court Commissioners will seize the equipment used for this purpose and, after preparing an inventory, release the same, albeit, on superdari to the concerned MSOs/LCOs i.e. defendant nos. 54 to 138. 4.3 Besides this, the Court Commissioners will also take photographs and, if possible, video-graph the execution of the commission via the digital media.
CS(COMM)No.519/2020 page 3 of 5 Signature Not Verified Digitally Signed By:ATUL JAIN Signing Date:28.11.2020 14:18:24
5. In case the Court Commissioners face any impediment, in the execution of the commission, they will have the liberty to approach the Station House Officer [in short "SHO"] of the concerned area to seek necessary assistance. In the event, such a request is made, the concerned SHO, will render assistance in that behalf.
5.1 For their efforts, the Court Commissioners will be paid a fee of Rs. 75,000/- per site, if the commission is executed within the territory of Delhi. 5.2 In case the commission is executed outside the territory of Delhi i.e. other States/Union Territories, the Court Commissioners will be paid a fee of Rs. 1,00,000/- per site. In addition, thereto, the Court Commissioners will also be reimbursed out of pocket expenses incurred by them. 5.3 The burden of fee and expenses will be borne by the plaintiff.
6. In respect of the infractions carried out by the John Doe/Ashok Kumars, the plaintiff is given liberty to approach this Court for extension of the orders qua them, in case such a need arises.
7. The Court Commissioners will place their report on record before the next date of hearing; copies of which will be transmitted, via e-mail to Mr. Malhotra and the concerned defendants.
8. The captioned application is disposed of in the aforesaid terms.
9. All concerned will act on a digitally signed copy of the order passed today.
10. Dasti.
CS(COMM)No.519/2020 page 4 of 5 Signature Not Verified Digitally Signed By:ATUL JAIN Signing Date:28.11.2020 14:18:24 CS(COMM)No.519/2020
11. List the matter on the date already fixed i.e. 10.02.2021.
RAJIV SHAKDHER, J
NOVEMBER 27, 2020
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CS(COMM)No.519/2020 page 5 of 5
Signature Not Verified
Digitally Signed
By:ATUL JAIN
Signing Date:28.11.2020
14:18:24