IN THE HIGH COURT OF DELHI AT NEW DELHI
  
  
  
  CS(OS) 3163/2012
  
  
  
  
  
  EROS INTERNATIONAL MEDIA LTD ..... Plaintiff
  
  Through: Mr. Amit Sibal, Advocate with
  
  Mr. Anshu Bhanot and Mr. Chirag M. Shroff, Advocates
  
  
  
  
Versus
  
  
  
  
  
  JYOTI CABLE NETWORK and ORS ..... Defendants
  
  Through: None
  
  
  
  CORAM:
  
   HON'BLE MS. JUSTICE HIMA KOHLI
  
  
  
   O R D E R
  
   19.10.2012
  
  
  
  I.A. No. 19559/2012 (exemption)
  
  Subject to the plaintiff filing the original/certified copies of
  the documents annexed with the suit within four weeks, the application is
  allowed and disposed of.
  
  I.A. No. 19558/2012 (exemption)
  
  Subject to the plaintiff filing the legible/typed copies of the dim
  documents annexed with the suit within four weeks, the application is
  allowed and disposed of.
  
  CS(OS) 3163/2012 Page 1 of 6
  
  
  
  CS(OS) 3163/2012
  
  The plaint be registered as a suit.
  
  Issue summons to the defendants on the plaintiff taking necessary
  steps by ordinary process, Regd. A.D. Post, through courier, dasti as
  well, returnable before the Joint Registrar on 4th December, 2012, for
  completion of service and pleadings as also for admission and denial of
  documents. The parties shall file their original documents within six
  weeks and exchange the index of documents in advance and endorse the
  admission/denial of documents in a separate column on the index. After
  the admission/denial is conducted before the Joint Registrar, the
  exhibited documents shall also be endorsed on the list of documents of
  the parties.
  
  List in Court on 26th April, 2013, for framing of issues.
  
  The parties shall exchange their respective issues proposed to be
  framed one week before the next date of hearing and produce the same in
  Court.
  
  I.A. No. 19557/2012 (by the plaintiff u/O II R 2 CPC)
  
  Notice for the date fixed.
  
  I.A. No.19556/2012 (by the plaintiff u/O XXXIX R 1 and 2 CPC)
  
  1. Issue notice to the non-applicants/defendants on the plaintiff
  
  CS(OS) 3163/2012 Page 2 of 6
  
  
  
  taking necessary steps by ordinary process, Regd. A.D. Post, through
  courier, dasti as well, returnable on 8th January, 2013.
  
  2. The plaintiff has instituted the accompanying suit against the
  defendants for the relief of permanent injunction for restraining the
  defendants, their representatives, agents, assigns etc. from copying,
  recording, camcording, communicating, distributing, duplicating or making
  available the cinematograph film entitled ?Chakravyuh? in any manner
  without obtaining prior authorization/license from the plaintiff.
  
  3. Learned counsel for the plaintiff submits that the plaintiff is in
  the business of production and distribution of cinematograph films and is
  the co-producer of the cinematograph film ?Chakravyuh? and it has
  exclusive rights to exploit the said film. The defendants No.1 to 3 are
  stated to be broadcasters and cable operators in the city of Delhi. The
  defendant No.4 is stated to be an internet service provider, who has not
  been authorized/licensed by the plaintiff to transmit, distribute or make
  available the cinematograph film ?Chakravyuh? for the enjoyment of the
  public. The defendant No.5 is a person in the business of duplicating,
  reproducing, selling and making available tapes, Compact Discs (CDs),
  Digital Versatile Discs (DVDs) etc. for distribution of video and audio
  contents. The defendant No.6 is stated
  
  CS(OS) 3163/2012 Page 3 of 6
  
  
  
  to be a multiplex theatre located in Ghaziabad, which has allegedly been
  allowing patrons within their premises to record/camcord the previous
  cinematograph films of the plaintiff that were exhibited at its theatre.
  The defendant No.7 is stated to be involved in copying, making available,
  distributing and communicating to the public, contents including
  cinematograph films. It is submitted that the said defendant has not been
  licensed by the plaintiff to stream to the public, the cinematograph film
  ?Chakravyuh?.
  
  4. Apart from the above, it is stated that many unknown persons are
  indulging in similar activities and since their names and addresses are
  not known, they have been collectively arrayed as defendants No.8 to 30
  under the assumed name of Mr. Ashok Kumar. Learned counsel for the
  
  plaintiff submits that in this regard, ?John Doe? practice has been resorted to in this case as has been adopted in many other cases not only
  in the United States, England and Australia but also in India and it is a
  suit wherein, injunction can be granted against unknown unauthorized
  persons, who may infringe the plaintiff?s rights in the cinematograph
  film by indulging in the illegal activity of copying the film on CDs,
  DVDs, Blu-Ray discs, pendrives, tapes, MMS etc. and distributing the
  same in the public through cable,
  
  CS(OS) 3163/2012 Page 4 of 6
  
  
  
  internet and other modes.
  
  5. In the present case, learned counsel for the plaintiff states that
  as the plaintiff had entered into an agreement dated 07.03.2012 with
  Prakash Jha Productions, the producer of the cinematograph film,
  ?Chakravyuh?, whereunder all the rights, including music rights have been
  assigned to it globally, including India and further, that the plaintiff
  is in the process of securing a certificate from the Board of Film
  Certification for release of the said film on 24th October, 2012. The
  present suit has been instituted to ensure that there is no infringement
  of copyright of the said film by any of the methods including those
  mentioned hereinabove.
  
  6. This Court has heard the counsel for the plaintiff and considered
  the averments made in the plaint and is satisfied that the plaintiff has
  an exclusive right over the cinematograph film ?Chakravyuh?, which has
  yet to be released and in case CDs, VCD, DVDs, HD, Blu-Ray Discs are
  made/displayed by Cable TV operators and/or franchisees, on cable TV,
  internet, DTH, camcords etc. by unidentified persons through USB Drives,
  MMS, Tapes, Conditional Access Systems or in any other mode, medium or
  manner etc. , the same shall cause irreparable loss and injury to the
  plaintiff. Accordingly, the defendants herein and
  
  CS(OS) 3163/2012 Page 5 of 6
  
  
  
  other undisclosed persons are restrained from communicating, making
  available, distributing, duplicating, displaying, releasing, showing,
  exhibiting on camcording in any manner, the film ?Chakravyuh? without
  obtaining prior authorization/license from the plaintiff in that regard.
  
  Provisions of Order XXXIX Rule 3 of the CPC be complied with within
  one week.
  
  DASTI under the signatures of the Court Master.
  
  
  
  
  
  HIMA KOHLI, J
  OCTOBER 19, 2012
  
  rkb/mk
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  CS(OS) 3163/2012 Page 6 of 6
  
  
  
  
  
  $ 17