Source: Delhi High Court

Why in News?

The bench of Justice C Hari Shankar directed owner/controllers of certain websites to desist from unauthorized copying, transmission, and communication of any content in which the plaintiff holds copyright.

• The Delhi High Court gave this observation in the matter of Red Chillies Entertainments Pvt. Ltd. v. Ashok Kumar/John Doe & Ors.

Background

• The court in April 2023 restrained the defendants, and all others acting on their behalf from copying, recording, reproducing, allowing recording, transmitting, communicating or making available for distribution, duplication, display or release, exhibiting or playing in any manner, any stills, audio/video clips, songs, recordings or other proprietary information relating to the cinematographic film "Jawan".
• However, an application was heard in this case as the plaintiff claimed at one Mr. Rohit Sharma is indulging in the aforesaid activities.
• The plaintiff sought impleadment of Meta Platforms, which controls WhatsApp.
• The plaintiff requested the court to disable the various chat groups on which the plaintiff’s copyrighted material is being illegally circulated by Mr. Rohit Sharma.
• The plaintiff presented this application under Order XXXIX Rules 1 and 2 of Code of Civil Procedure, 1908 (CPC) seeking an extension of the interim order of April 2023 to Mr. Rohit Sharma and Meta Platforms.

CJI’s Observation

• The bench of Delhi HC directed the respondents to disclose, on an affidavit, the Basic Subscriber Information, including IP addresses, usernames, registered email IDs, phone numbers, and other relevant details of the culprit accounts.
• The Court gave this observation under Order XXXIX Rule 3 of CPC as an ex-parte temporary injunction.

Temporary Injunction

• Purpose:
  • The primary purpose of a temporary injunction is to prevent irreparable harm or injustice during the course of litigation.
  • It serves as a balancing act between preserving the rights of the parties and ensuring that justice is done.
• Applicability:
  • When a plaintiff files a civil suit and believes that the defendant's actions may cause immediate and irreparable harm, they can seek a temporary injunction to maintain the existing state of affairs until the court decides the main dispute.
  • They are interlocutory orders, meaning they are issued during the pendency of the main suit and are subject to modification or revocation as the case progresses.
  • The concept of temporary injunction is primarily covered under Rules 1 and 2 of CPC.
• Notice by the Court:
  • Generally, before granting a temporary injunction, the court must issue a notice to the opposite party and provide an opportunity for them to be heard.
    • However, in cases of urgency, ex-parte injunctions can be granted temporarily under Order XXXIX Rule 3 CPC.
• Time-Limit:
  • Temporary injunctions are not meant to be indefinite.
  • They are typically granted for a fixed duration, and the court can extend or modify them as necessary.
• Violation:
  • Under Rule 2A of CPC - In the case of disobedience of any injunction granted the Court may order the property of the person guilty of such disobedience or breach to be attached, and may also order such person to be detained in the civil prison for a term not exceeding three months, unless in the meantime the Court directs his release..

Essentials to Avail Temporary Injunction

• The plaintiff must establish a prima facie case in their favor.
• The plaintiff must demonstrate that they will suffer irreparable injury or harm if the injunction is not granted.
• The court will weigh the balance of convenience.
  • This means considering whether it is more just and convenient to grant the injunction or to deny it.
  • The court takes into account the interests of both parties and the public interest in making this determination.
• The plaintiff must show that there is no other adequate remedy available. If monetary damages can adequately compensate the plaintiff, the court may be less inclined to grant an injunction.