Delhi High Court - Orders
Disney Enterprises, Inc. & Ors vs Kimcartoon.To & Ors on 16 October, 2020
Author: Rajiv Shakdher
Bench: Rajiv Shakdher
$~3
* IN THE HIGH COURT OF DELHI AT NEW DELHI
I.A.Nos.9476-77/2020 in
+ CS (COMM) No. 275/2020
DISNEY ENTERPRISES, INC. & ORS. .....Plaintiffs
Through : Ms. Sneha Jain, Ms. Disha Sharma
and Ms. Snehima Jauhari, Advs.
versus
KIMCARTOON.TO & ORS. .....Defendants
Through : Mr. K.R. Sasiprabhu and Mr. Tushar
Bhardwaj, Advs. For D-43/Reliance
JIO.
Mr. Vikram Jetly, CGSC for D-47 &
48.
CORAM:
HON'BLE MR. JUSTICE RAJIV SHAKDHER
ORDER
% 16.10.2020 [Court hearing convened via video-conferencing on account of COVID-19] I.A. No. 9477/2020
1. Allowed, subject to the applicants curing the deficiencies referred to in the captioned application within two weeks from today.
I.A. No. 9476/20202. Issue notice to the defendants via all means including e-mail. 2.1 Mr. K.R. Sasiprabhu accepts service on behalf of defendant no. 43/Reliance Jio Infocomm Ltd. while Mr. Vikram Jetly accepts service on behalf of defendant no. 47/Department of Telecommunications (DOT) and defendant no. 48/Ministry of Electronics and Information Technology (MEITY).
CS(COMM)No.275/2020 page 1 of 3 Signature Not Verified Digitally Signed By:VIPIN KUMAR RAI Signing Date:17.10.2020 21:30:29 2.2 Mr. Sasiprabhu and Mr. Jetly say that they do not wish to file a reply to the captioned application. In fact, learned counsels say that they have complied with the directions issued by the Court vide order dated 27.07.2020.
2.3 Mr. Jetly, in particular, points out that an affidavit has been filed by DOT and MEITY placing on record, the notification dated 11.08.2020, as directed by this Court.
3. Via this application, Ms. Sneha Jain, who appears on behalf of the plaintiffs, seeks extension of the order dated 27.07.2020 against certain mirror, redirect, alphanumeric variations of those websites which were covered by the said order.
3.1 The prayer made, therefore, is for impleadment of such uniform resource locators [URLs] and Internet Protocol [IP] addresses and, as noted above, the extension of the injunction order dated 27.07.2020 qua the same. 3.2 The details of these URLs and IP addresses are set out in a schedule [i.e. Schedule-A] appended on page 15 of the captioned application.
4. Having heard Ms. Jain and perused the averments made in the application as also the documents appended thereto, I am inclined to grant the prayer sought for in the captioned application. 4.1 Accordingly, the URLs and IP addresses, referred to in the schedule [i.e. Schedule-A], appended on page 15 of the captioned application, are arrayed as defendant nos. 50 to 95 to the instant suit action. 4.2 The directions contained in the interim order dated 27.07.2020 shall apply mutatis mutandis to the newly arrayed defendants as well.
CS(COMM)No.275/2020 page 2 of 3 Signature Not Verified Digitally Signed By:VIPIN KUMAR RAI Signing Date:17.10.2020 21:30:29 4.3 Furthermore, defendant nos. 38 to 46 will block/suspend the URLs and IP addresses concerning defendant nos. 50 to 95. 4.4 Besides this, DOT and MEITY will issue necessary directions/notifications, calling upon various Internet Service Providers, in general, to block access to the URLs and IP addresses concerning defendant nos. 50 to 95.
4.5 Consequently, the amended memo of parties is taken on record.
5. List the application before the Joint Registrar (Judicial) on 26.11.2020 for completion of service and pleadings.
6. Liberty is given to the defendants, who are not represented today, to approach the Court for variation and/or vacation of the instant order.
7. List the matter before Court on 12.01.2021.
RAJIV SHAKDHER, J
OCTOBER 16, 2020
Aj/KK
Click here to check corrigendum, if any
CS(COMM)No.275/2020 page 3 of 3
Signature Not Verified
Digitally Signed
By:VIPIN KUMAR RAI
Signing Date:17.10.2020
21:30:29