Full Text
HIGH COURT OF DELHI
Date of Decision: 13th December, 2023
STAR INDIA PVT. LTD. & ANR. ..... Plaintiffs
Through: Mr. Vivek Ayyagari, Adv. (M.
8017571175)
Through: Ms. Shweta Sahu Adv Mr Brijesh Ujjainwal, Advs for D-75 (M.
9987115749)
JUDGMENT
1. This hearing has been done through hybrid mode.
2. The present suit has been filed by the Plaintiff No.1 - Star India Pvt. Ltd. and Plaintiff No.2 - Novi Digital Entertainment Pvt. Ltd. seeking permanent injunction restraining the Defendant No. 1-74 from hosting, streaming or communicating, in any manner the Plaintiffs’ cinematograph film ‘Dil Bechara’.
3. The Plaintiff No.1 claims to enjoy exclusive rights in respect of the said cinematograph film. The same was scheduled to be released on the platform of Plaintiff No.2 i.e. DISNEY+ HOTSTAR on 24th July, 2020. There was an apprehension at the time when the suit was filed that the said film could be illegally and unlawfully broadcasted on various rogue websites. Accordingly, the following parties were arrayed as Defendants in the suit: i) Defendant Nos.[1] to 74 - are rogue websites. ii) Defendant Nos. 75 & 76 - Domain Name Registrars (DNRs) iii) Defendant Nos. 77 to 85 - Internet Service Providers (ISPs) iv) Defendant Nos. 86 - Department of Telecommunications (DoT) v) Defendant Nos. 87 - the Ministry of Electronics and Information Technology (MEITY) vi) Defendant Nos. 88 - Ashok Kumar
4. Accordingly, this Court had granted injunction vide order dated 13th July, 2020 and directed DoT and MeitY to block the access to the said rogue websites. The operative portion of the said order is set out below: “8.[2] Besides this, defendant nos. 86 and 87 will issue necessary notification(s) for blocking the access to the websites of defendant nos. 1 to 74, the Uniform Resource Locators [URLs] of which, are also set forth hereafter;
1 oxibuzz.com 2 foumovies.me 3 latest.newhdmovie.in 4 oceanofmovies.cc 5 jobxtend.com 6 123movieslinks.com 7 skvmovieshd.life 8 bollvfilmshd.net 9 hdmovies.in.net 10 wwl.Ogomovies.org 11 en.naijaonpoint.co 12 300mbfilms.ws 13 torrentdownload.info 14 mkvhub.net 15 prostylex.org 16 geourdufilm.com 17 123-movies.club 18 remaxhd.com 19 gofilms4u.ws 20 123movies.eus 21 piratebay.surf 22 dwatchmovies.pro 23 limetorrents.at 24 yts.digital 25 piratebaylive.online 26 1377x.is 27 bdmusic23.fit 28 bollvwoodfilma.xyz 29 movies4k.me 30 putlocker5movies.site 31 movies123.pk 32 kickass.ws 33 pirateproxy.surf 34 stagatv.com 35 hotmovieshd.com 36 9xmovie.club 37 writop.com 38 hdwebmovies.club 39 filmyanju.cc 40 Hdpopcorn.store 41 piratbaytpb.one 42 nowmoviesonline.com 43 piratebays.wtf 44 ibit.am 45 t.extto.com 46 baypirate.org 47 moviescounterhd.club 48 wwl.0123movies.live 49 hdmovieplus.space 50 vofotube.net 51 onlinemovieinhd.com 52 wowmovies.info 53 filmyzillamovies.in 54 skymovieshd.in.net 55 torrentparadise.cl 56 torrentfunk.unblocked.love 57 piratebays.win 58 ofilmyzilla.run 59 thepiratebays.live 60 rarbghd.in 61 4movierulz.mx 62 Itamilmv.xyz 63 mkvcinemas.rocks 64 9xmovies, cloud 65 1sdmoviespoint.fun 66 Bonsaihd.fun 67 world4ufree.bar 68 7starhd.online 69 worldfree4u.cloud 70 9xmovie.casa 71 7starhdl.win 72 vegamovies.me
73 Filmyzilla.golf 74 watchmoviesl.com.pk 8.[3] This apart, defendant nos. 77 to 85 shall block access to the URLs of defendant nos. 1 to 74 as set out in the table extracted in paragraph 8.[2] above.”
5. Pursuant to the said order of injunction, MeitY and DoT have already blocked the said rogue websites and the DNRs had also locked and suspended the respective domain names. The ISPs have also ensured that the blocking orders are implemented.
6. Today, ld. Counsel for the Plaintiff confirms that in addition to Defendant No.75 – Godaddy LLC, Defendant No.76 – PDR Ltd. had also suspended the domain names/websites.
7. In the present case, all the websites were served but there is no appearance for any of the parties. Further, order dated 21st September, 2021 also records that service has been completed in this matter. In view of the fact that service is complete and there is no contest, the suit is decreed in terms of paragraph 62(i) and (ii) of the plaint.
8. Insofar as the DNRs are concerned, whichever websites are within their control they shall continue to remain blocked and suspended. The DNRs shall not be charged any amounts for the suspension of these domain names, inasmuch as the same has been directed to be blocked and suspended under orders of this Court.
9. Insofar as Dot and MeitY are concerned, they shall make the blocking orders operate permanent against these rogue websites. The ISPs shall give effect to such blocking orders.
10. No further reliefs are pressed for.
11. Decree sheet be drawn accordingly. All pending applications are disposed of.
PRATHIBA M. SINGH JUDGE DECEMBER 13, 2023 Rahul/kt