Super Cassettes Industries Limited seems to have obtained a bunch of injunction orders from Delhi High Court against several multi-system operators/ local cable operators.
1. Super Cassettes Industries Limited v/s Darsh Digital Network Private Limited [Read order here] – The suit was initiated by SCIL against Darsh Digital Network Pvt. Ltd, a Multi System Operator (MSO) within the meaning of Section 2(c) of the Cable Television Networks Rules, 1994 for permanent injunction from infringing the copyright of SCIL in certain musical and literary works and for ancillary reliefs of rendition of accounts and delivery. SCIL had originally obtained the ex-parte interim order on August 14, 2012 which was again confirmed on Feb 8, 2013.
The Defendant submitted that at the time of institution of the suit, it was a Local Cable Operator (LCO) but is now an MSO and only supplies bandwidth/ frequency to the other cable TV operators and the defendant has not violated the copyright of the plaintiff. The Defendant further admitted that it is the cable TV operators with whom the Defendant has agreements, who have infringed the Plaintiff’s copyright. The plaintiff rebutted this submission by stating that the plaintiff in its evidence had proved screenshots of the broadcast by the cable TV operators with whom the defendant has agreements and which broadcast shows the logo of the defendant on the works of the Plaintiff being broadcasted which proves that the broadcast of the works is in infringement of the copyright of the plaintiff is through the bandwidth/ frequency supplied by the defendant to the cable TV operators with whom the defendant has a contract. The Defendant had no evidence to the contrary.
The Defendant voluntarily agreed for a decree of permanent injunction and lump-sum compensation of INR 5 Lacs to the Plaintiff along with costs of the suit to the tune of INR 1 Lac. Order was passed on March 8, 2018.
2. Super Cassettes Industries Pvt. Ltd vs Home Cable Network Private Limited [Read Order here]
The suit was filed by SCIL against the defendant Home Cable Network Private Limited, a Delhi based MSO carrying business under the logo ‘Home Digital’ and ‘Home Cinema’ seeking an order of permanent injunction to restrain the defendant from exploiting the cinematograph films, sound recording and underlying works owned by the Plaintiff and other connected reliefs.
The Delhi High Court vide order dated February 7, 2018 (on the basis of unrebutted evidence) decreed the suit in favour of SCIL and further awarded damages to the tune of INR 10 Lacs to the Plaintiff along with costs and simple interest @ 10% p.a. from date of decree till recovery.
3. Super Cassettes Industries Limited vs Om Shivam Cable Network [ Read order here]
This was another suit filed against cable network operator in which the Delhi High Court on the basis of unrebutted evidence vide order dated January 29, 2018 granted permanent injunction in favour of SCIL and further damages to the tune of INR 5 Lacs and costs.
4. Super Cassettes Industries Limited vs Sun TV Network Limited-
Super Cassettes seems to have obtained an ex-parte injunction order on January 8, 2018 against which appeal was filed by Sun TV Network Ltd for vacating the injunction. The matter is pending before the Delhi High Court. Appeal order- read here.
T Series seems to be on a spree in getting injunction orders against these MSOs/ LCOs since the last few years. Interestingly, the Delhi High Court is prompt in awarding damages in ex-parte suits based on unrebutted evidence which is not something we get to see so often from other high courts.
Image source: here
