STAR INDIA PVT LTD & ANR. vs SPORTSTODY.COM & ORS.
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* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CS(COMM) 84/2021
STAR INDIA PVT LTD & ANR. ….. Plaintiffs
Through: Mr. Vivek Ayyagari, Adv.
versus
SPORTSTODY.COM & ORS. ….. Defendants
Through: Mr. Mohammed Ilyas,
Mr. Vikrant N. Goyal, Mr. Nitin Chandra and Mr. Jeet Chakravarti, Advs. for D-38
CORAM:
HON’BLE MR. JUSTICE C.HARI SHANKAR
JUDGMENT (ORAL)
% 06.11.2023
CS(COMM) 84/2021 and I.A. 2481/2021(Order XXXIX Rules 1 and 2 of the CPC)
1. Mr. Ayyagari, learned Counsel for the plaintiffs submits that as the cause of action in this suit related to imminent broadcasting of cricket matches forming subject matter of the England tour of India which took place in 2021, the dispute does not survive for consideration. The defendants, who are rogue websites, have characteristically refrained from entering appearance. Therefore, he prays that the suit may be decreed in terms of the interim order dated 18 February 2021 already granted.
2. The Court notes that on 18 February 2021, an ad interim order had been passed, restraining the defendants from broadcasting the matches till the next date of hearing. That interim order has continued thereafter. Defendants 1 to 26, who are rogue websites, regarding whom the plaintiffs were having apprehensions, have never turned up to contest the suit.
3. Accordingly, the suit is decreed by making the interim order dated 18 February 2021 absolute. A permanent injunction shall issue against the defendants in terms of the said order.
4. IA 2481/2021 stands disposed of.
5. Let a decree-sheet be drawn up by the Registry accordingly.
C.HARI SHANKAR, J
NOVEMBER 6, 2023
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CS(COMM) 84/2021 Page 1 of 2