Bombay High Court
Sony Pictures Networks India Private ... vs Ashiq Usman Productions And 3 Ors on 24 September, 2019
Author: B. P. Colabawalla
Bench: B. P. Colabawalla
904.nmcdl.2188.2019.doc
dik
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
O. O. C. J.
IN ITS COMMERCIAL DIVISION
COMMERCIAL NOTICE OF MOTION (L) NO. 2188 OF 2019
IN
COMMERCIAL SUIT (L) NO. 994 OF 2019
Sony Pictures Networks India Pvt. Ltd. ...Applicant/Plaintiff
vs
M/s Ashiq Usman Productions & Ors. ...Defendants
.....
Mr Amit Jamsandekar i/b King Dungernal I/b Bharucha & Partners
for the Applicant/Plaintiff.
Ms Rohini Boez & Ms Saili Doshi i/b Rani Boazz for Defendant Nos.1
and 2.
Mr Rakesh Sawant & Ms Shamina Hussain for Defendant No.3.
.....
CORAM : B. P. COLABAWALLA, J.
SEPTEMBER 24, 2019.
P.C. :
The learned advocate appearing on behalf of the applicant / plaintiff has produced before me today the Certifcate of Incorporation pursuant to the change of name of the applicant / plaintiff, the certifcate of registration of trademark of the applicant / plaintiff as well as the agreement dated 14 th January, 2014, entered into between FEDERATION INTERNATIONAL DE FOOTBALL ASSOCIATION (FIFA) and MSM Satellite (Singapore) PTE Ltd. The applicant / plaintiff claims certain rights under this agreement. The Pg 1 of 3 ::: Uploaded on - 24/09/2019 ::: Downloaded on - 25/09/2019 04:11:33 :::
904.nmcdl.2188.2019.doc applicant / plaintiff is, therefore, directed to fle an affdavit placing these documents on record within a period of one week from today and serve a copy of the same on the advocates for the defendants.
The defendants shall be at liberty to respond to the aforesaid affdavit within a period of two weeks thereafter and serve a copy of the same on the advocates for the applicant/ plaintiff. 2 As far as defendant No.3 is concerned (Sun TV Network Limited), the learned advocate appearing on behalf of defendant No.3 has stated that as an ad-interim measure, defendant No.3 shall discontinue the exploitation of the impugned cinematography Film, "Argentina Fans Kattoorkadavu" on their platform, SunNXT. The said statement is accepted as an undertaking given to this Court. 3 As far as defendant No.4 is concerned, it is the case of the applicant / plaintiff that the above cinematography Film is also available on certain websites mentioned in paragraph 12 of the plaint. It is the case of the applicant / plaintiff that these websites are managed by defendant No.4. In these circumstances, there shall be ad-interim injunction directing defendant No.4 to take measures to block access to the URLS/weblinks mentioned in paras 12 and 13 of the plaint which contain or purport to contain the said Pg 2 of 3 ::: Uploaded on - 24/09/2019 ::: Downloaded on - 25/09/2019 04:11:33 :::
904.nmcdl.2188.2019.doc cinematographic flm "Argentina Fans Kattoorkadavu". It is made clear that the applicant / plaintiff will be at liberty to move against all or any of the URLS managed by defendant No.4. In addition, the plaintiff will be at liberty to approach the Cyber Crime Cell with any other weblink or URL pointing to individual download of the said flm. Before the Cyber Crime Cell the applicant /plaintiff will place such material on his obtaining/ verifying the download. Needless to clarify that the Cyber Crime Cell is also expected to carry out an independent assessment before acting further in the matter. Needless to state that this ad-interim order is only against defendant No.4 and not against defendant Nos.1,2 and 3. 4 Having granted these ad-interim reliefs, I do not think, at this stage any further reliefs need be granted. Place the Notice of Motion for hearing and fnal disposal after four weeks as per its turn.
(B.P.COLABAWALLA, J.) Pg 3 of 3 ::: Uploaded on - 24/09/2019 ::: Downloaded on - 25/09/2019 04:11:33 :::