TEJAS KARIA, J
FACTUAL BACKGROUND:
1. The Plaintiff has instituted the present Suit seeking, inter alia,
injunction against Defendant Nos. 2 to 5 restraining them from issuing any
groundless threat of copyright infringement and declaration that the acts of
Plaintiff as elucidated in the Plaint do not amount to copyright infringement
of the works alleged to be owned by Defendant Nos. 2 to 5.
2. In the present Suit, Defendants Nos. 2 to 5 have not filed a written
statement and / or affidavit of admission or denial of documents filed by the
Plaintiff. In this background, the Plaintiff has filed the present Application
under Order XIIIA of the Code of Civil Procedure, 1908 (“CPC”) as
amended by the Commercial Courts Act, 2015, (“CC Act”) read with Rule
27 of the Delhi High Court Intellectual Property Rights Division Rules,
2022 read with Chapter XA Rule 3 of the Delhi High Court (Original Side)
Rules, 2018 seeking Summary Judgment against Defendant Nos. 2 to 5 in
respect of Prayer Paragraph Nos. 47 (i) and (ii) of the Plaint.
SUBMISSIONS ON BEHALF OF THE PLAINTIFF: