ZEE ENTERTAINMENT ENTEPRISES LTD vs SAREGAMA INDIA LTD

Judgment text excerpt

* IN THE HIGH COURT OF DELHI AT NEW DELHI % Judgment Reserved on: 6th February, 2025 Judgment pronounced on: 28th February, 2025 I.A. 44281/2024 IN + CS(COMM) 1674/2016 ZEE ENTERTAINMENT ENTERPRISES LTD .....Plaintiff Through: Mr. Harsh Kaushik, Ms. Petal Chandhok, Mr. Harsh Prakash, Ms. Yashita Rastogi, Ms. Sucheta Roy and Ms. Kashish Rehan, Advocates versus SAREGAMA INDIA LTD .....Defendant Through: Mr. Gopal Jain, Senior Advocate with Mr. Ankur Sangal, Mr. Shashwat Rakshit and Ms. Amrit Sharma, Advocates CORAM: HON’BLE MR. JUSTICE AMIT BANSAL JUDGMENT AMIT BANSAL, J. I.A. 44281/2024 (seeking leave to place on record additional documents) 1. The present application has been preferred on behalf of the plaintiff under Order XI Rule 1(5) of the Code of Civil Procedure, 1908 as amended by the Commercial Courts Act, 2015 (hereinafter ‘CPC’) seeking leave of this Court to place on record additional documents as well as an additional affidavit of evidence of the plaintiff’s witness Ms. Sucheta Deb Burman in the present suit. 2. The plaintiff has instituted the present suit seeking permanent Signature Not Verified Digitally Signed CS(COMM) 1674/2016 Page 1 of 15 By:AANCHAL TAGGAR Signing Date:28.02.2025 12:28:41 injunction restraining the defendant from infringing the plaintiff’s copyright in the sound recordings incorporated in 29 cinematograph films listed in the plaint along with other ancillary reliefs. 3. Notice in the present application was issued and accepted by counsel for the defendant in Court on 7th November, 2024. Reply on behalf of the defendant and rejoinder thereto on behalf of the plaintiff have been filed. FACTUAL BACKGROUND 4. The plaintiff, in the present application, has stated that the need for filing the additional documents in the suit arose on account