IN THE HIGH COURT OF DELHI AT NEW DELHI
  
  
  
  CS(OS) 3207/2011
  
  
  
  RELIANCE BIG ENTERTAINMENT
  
  PVT LTD ..... Plaintiff
  
  Through Mr. Rajiv Nayar, Sr. Adv. with Mr. Rishi Agrawal and
  Mr.M.Mehta, Advs. for the Plaintiff.
  
  
versus
  
  
  
  MULTIVISION NETWORK AND ORS ..... Defendants
  
  Through
  
  
  
  CORAM:
  
   HON'BLE MR. JUSTICE A.K. PATHAK
  
  
  
   O R D E R
  
   19.12.2011
  
  
  
  
  
  I.A. No. 20512/2011 (under Section 151 CPC)
  
  
  
  Typed and clear copies of dim annexures be filed within 4 weeks.
  
  Application is disposed of with the above direction.
  
  I.A. No. 20511/2011 (under Section 151 CPC)
  
  Original copies be filed within 4 weeks.
  
  Application is disposed of with the above direction.
  
  CS(OS) No. 3207/2011
  
  
  
  Plaint be registered as Suit. Summons be issued to the defendants
  through ordinary manner, registered A.D. post and courier service,
  returnable for 19th April, 2012 before Joint Registrar. Process fee etc.
  be filed within a week.
  
  I.A. No.20510/2011 (under Order 39 Rules 1 and 2 r/w Section 151 CPC)
  
  
  
  Notice for the date fixed.
  
  Plaintiff is engaged in the business of production and distribution
  of cinematograph films and other entertainment businesses. Plaintiff is
  the producer of cinematograph film ?DON2?. Plaintiff has copyright over
  the said film. In view of the past experience plaintiff apprehends that
  by using advanced technology, the movie ?DON2? would be copied and
  distributed in the market on DVDs/CDs as also exhibited on cable and
  internet by defendant nos. 1 to 15 and other unknown persons who have
  been impleaded as defendant nos. 16 to 36 in the assumed name Ashok
  Kumar. In case the film is shown on cable, internet and/or through any
  other medium by the persons, who are not being authorized by the
  plaintiff to do so, cine goers may not go to theaters to watch the film,
  resulting in huge financial losses to the plaintiff. Factum of copying
  and distributing the film by such unscrupulous persons on CDs/DVDs/Blue-
  ray discs/VCDs and through various other mediums has been noticed in the
  past in respect of new releases not only by the plaintiff but other
  producers as well. It is contended that with regard to such unknown
  persons ?John Doe? practice has to be resorted to, which is otherwise
  well recognized not only in India but in various other countries such as
  United States of America, Canada, England and Australia. I do find force
  in this contention. In Taj Television vs. Rajan Mandal and Ors. 2003 FSR
  22 at page 407 principles of ?John Doe? order has been recognized and
  
  followed for passing appropriate directions against such unknown and unscrupulous cable operators. A Single Judge of this Court in CS (OS)
  No. 821/2011 titled UTV Software Communications Limited vs. Home Cable
  Network Ltd. and Ors., has noted that court has jurisdiction to pass an
  order in nature of a ?John Doe? injunction order against unknown persons
  in the circumstances, as has been pleaded by the plaintiff in the present
  case. Past practice of unauthorized persons indulging in such illegal
  activities of copying the film on CDs/DVDs/Blue-ray discs and
  distributing the same has also been taken note in the said order. One
  can also not lose sight of the fact that film piracy in respect of such
  new release is not uncommon and judicial note of this fact can be taken.
  
  In the facts of this case as detailed above, in my view plaintiff
  has succeeded in making a, prima facie, case in its favour. Plaintiff
  has exclusive copyright over the film ?DON2? which is yet to be released.
  In case, CDs/ DVDs/Blue-ray discs/VCDs are made and the film is copied by
  using any other device and uploaded on internet by the defendant Nos. 1
  to 15 and other unidentified persons and distributed and shown on cable
  TV, DTH, internet, MMS, Tapes and CAS, plaintiff will indubitably suffer
  irreparable loss and injury.
  
  For the forgoing reasons, defendants and other unnamed and
  undisclosed persons, are restrained from copying, recording or allowing
  camcording or communicating or making available or distributing, or
  duplicating, or displaying, or releasing, or showing, or uploading, or
  downloading, or exhibiting, or playing, and/or defraying the movie ?DON2?
  in any manner without a proper license from the plaintiff or in any other
  manner which would violate/infringe the plaintiff?s copyright in the said
  cinematograph film ?DON2? through different mediums like CD, DVD, Blue-
  ray disc, VCD, Cable TV, DTH, Internet services, MMS, Pen drives, Hard
  drives, Tapes, CAS or in any other like manner.
  
  Compliance of Order 39 Rule 3 be made within a week.
  
  Copy of the order be given Dasti under the signatures of the Court
  Master.
  
  
  
  
  
  
  
   A.K. PATHAK, J.
  
  DECEMBER 19, 2011
  
  rb
  
  
  
  $ 30