Exemption from Pre-Institution Mediation and Immediate Removal of Impugned Videos Ordered
In a significant legal development, the Delhi High Court has granted urgent relief to Zippy Edible Products Pvt. Ltd. in its ongoing commercial dispute against Veerji Restaurant Pvt. Ltd. The case, presided over by Justice Jyoti Singh, involves allegations of trademark infringement and unauthorized use of video content by the defendants.
The plaintiff, Zippy Edible Products Pvt. Ltd., sought exemption from pre-institution mediation under Section 12-A of the Commercial Courts Act, 2015, citing the need for immediate judicial intervention. The court, referencing the Supreme Court’s judgment in Yamini Manohar v. T.K.D. Keerthi (2024) 5 SCC 815, agreed with the plaintiff and granted the exemption, emphasizing that such measures are permissible when urgent relief is warranted.
Additionally, the court addressed the plaintiff's request to submit a lengthy synopsis, list of dates, and an impugned video in a pen drive. Permission was granted under Section 151 of the Civil Procedure Code, 1908, allowing the plaintiff to file these materials as part of the case record.
A crucial aspect of the judgment was the issuance of an ex parte ad interim injunction under Order XXXIX Rules 1 and 2 of the CPC. The court directed Veerji Restaurant Pvt. Ltd. and associated parties to remove the impugned videos within 24 hours. In case of non-compliance, Zippy Edible Products was authorized to notify Meta Platforms Inc., which was instructed to take down the videos within 36 hours of receiving such notification. A compliance affidavit is to be filed within four weeks, ensuring adherence to the court's directives.
The judgment also involved procedural directions for filing written statements and affidavits of admission/denial of documents, setting deadlines for both parties to submit necessary documentation. Defendants were reminded to adhere to the timelines prescribed by the Delhi High Court (Original Side) Rules, 2018, for inspection and exchange of documents.
In a procedural update, Defendants No. 6, 7, and 9 were removed from the case, and an amended memo of parties is to be filed by the plaintiff. The court has scheduled further proceedings to ensure compliance and resolution of the dispute.
This case underscores the judiciary's proactive stance in addressing urgent commercial disputes and facilitating swift legal remedies. The decision reinforces the significance of expedited judicial processes in safeguarding intellectual property rights and curbing unauthorized content dissemination in the digital era.
Bottom line:-
Exemption from pre-institution mediation under Section 12-A of the Commercial Courts Act, 2015 granted in cases seeking urgent relief.
Statutory provision(s): Commercial Courts Act, 2015 Section 12-A, Civil Procedure Code, 1908 Section 151, Civil Procedure Code, 1908 Order XXXIX Rules 1 and 2
