K.R. Shriram, J. 1. The present Interim Application has been filed by the Plaintiff under Order XXXIX Rule 2(A) of Code of Civil Procedure, 1908 complaining about the breach of the order dated 4th May 2020 passed by this Court in the Interim Application No. 1 of 2020 in the present suit. According to Plaintiff, the Defendant Nos. 4 to 6 are willfully and deliberately flouting the injunction order dated 4th May 2020 passed by this Court and the Plaintiff has therefore filed the present Application against them only. The Plaintiff is not claiming any reliefs against the Defendant No. 1, 2 and 9 in the present Interim Application. Defendant No. 3 has already been deleted from the suit as per the order dated 4th May 2020. In so far as Defendant Nos. 7 & 8 are concerned, they have been deleted from the array of parties by a separate order passed today in the Suit. 2. Mr. Kamod says the papers and proceedings in the present Application have been duly served by the Plaintiff upon the Defendant Nos. 4 to 6 on 30th July 2020. Further, the intimation of today's listing, the link of today's hearing, the cause list and a copy of the Additional Affidavit has been served by the Plaintiff upon Defendants No. 4 to 6. The Plaintiff has e-filed an Affidavit of service dated 2nd August 2020 in respect of the above. 3. On 4th May 2020, this Court passed an ad-interim injunction order in terms of prayer clause (a) of Interim Application No. 1 of 2020 against Defendant Nos. 2, 4, 5, 6, 7 and 8. The said prayer clause (a) is reproduced hereunder: "(a) that pending the hearing and final disposal of this Suit, this Hon'ble Court be pleased to issue a temporary order of injunction against the Defendants and/or their Directors and/or servants and/or agents and/or any other person claiming through and/or under them restraining them from infringing the Plaintiff's copyrights in the Suit Films "Azaad Desh Ke Gulam", "Dadagiri", "Haathi Mere Saathi", "Platform", "Saathi" and "SheshNaag" by exploiting and/or distributing and/or exhibiting and/or broadcasting or allowing exploitation and/or distribution and/or exhibition and/or broadcast on satellite networks/channels owned, managed or operated by the Defendants and/or communicating to the public in any other manner whatsoever." 4. Mr. Mr. Kamod says the Plaintiff informed the Defendants about the injunction order dated 4th May 2020 on that day itself by sending an email dated 4th May 2020. A copy of the said email is at Exhibit-B to this Application. Thereafter, on 5th May 2020, the Plaintiff has served a copy of the order dated 4th May 2020 by email upon the Defendants. A copy of the email dated 5th May 2020 is at Exhibit-C to this Application. 5. It is stated that on 17th June 2020, the Plaintiff has come to learn that despite the service of this Court's injunction order upon them and despite being fully aware of the injunction order dated 4th May 2020, the Defendant Nos. 4 to 6 have continued to broadcast some of the suit films on their respective satellite channels. The particulars of their infringing activities are provided in paragraph 6 of the Application. The said particulars are reproduced below: Channel name Suit films Date of Breach Defendant No.4 Manoranjan TV Azad Desh ke Gulam 7th may 2020 Defendant No.5 Maha Movie Hathi mere Sathi 8th May 2020 14th May 2020 16th May 2020 23rd May 2020 25th May 2020 28th May 2020 1st June 2020 2nd June 2020 5th June 2020 11th June 2020 19th June 2020 20th June 2020 27th June 2020 5th July 2020 Defendant No.6 Houseful Movie Hathi Mere Sathi 16th May 2020 16th May 2020 7th June 2020 7th June 2020 8th June 2020 10th June 2020 18th June 2020 21st June 2020 3rd July 2020 8th July 2020 8th July 2020 Azad Desh ke Gulam 3rd June 2020 8th June 2020 16th June 2020 29th June 2020 Movie Plus Sheshnaag 8th May 2020 14th May 2020 18th May 2020 24th May 2020 1st June 2020 9th June 2020 25th June 2020 28th June 2020 5th July 2020 6. It is stated that on 7th July 2020, the Plaintiff's Advocates issued a legal notice to Defendant Nos. 4 to 6 and their Directors, intimating them that their acts amount to breach of this Court's order dated 4th May 2020 and called upon them to immediately cease their impugned activities. Copies of the legal notices dated 7th July 2020 sent by the Plaintiff's Advocates to the Defendant Nos. 4 to 6 are at Exhibits E-2 and E-3 to this Application. 7. Copies of the legal notices dated 7th July 2020 sent by the Plaintiff's Advocates to the Defendant Nos. 4 to 6 are at Exhibits E-2 and E-3 to this Application. 7. It is stated that thereafter, the Plaintiff vide two emails dated 21st July 2020 which are at Exhibit A to the Additional Affidavit, requested Broadcast Audience Research Council India for a Telecast Certificate inter-alia in respect of the unauthorized exploitation of the aforesaid films by the Defendant Nos. 4 to 6. It is stated that this Telecast Certificate was required as the same constituted cogent/concrete evidence of the Defendant Nos. 4 to 6's illegal actions. This telecast certificate was received by the Plaintiff vide email dated 23rd July 2020 and the same is at Exhibit B to the Plaintiff's Additional Affidavit. The Plaintiff has thereafter filed the present Application on 30th July 2020. 8. It is stated that despite this Court's order dated 4th May 2020 and the service of the same upon them, the Defendant Nos. 4 to 6 are continuing to broadcast the Suit Films on their satellite channels and breach the Plaintiff's copyright. It is evident that the Defendant Nos. 4 to 6 are willfully flouting the order passed by this Court on 4th May 2020. 9. Today the Plaintiff is praying for a limited relief of appointment of the Court Receiver in terms prayer clause (a) of this Application against Defendant Nos. 4 to 6 in order to ensure compliance of the injunction order dated 4th May 2020. Mr. Kamod says unless the relief as prayed for is granted, the Defendant Nos. 4 to 6 are likely to continue with their infringing activities by flouting the injunction order dated 4th May 2020. 10. Mr. Mitra states that he is appearing for defendant no. 4 and Mr. Ashok Singh will file his Vakalatnama during the course of this week. Mr. Mitra submits that defendant no. 4 had received on 5.5.2020 an order dated 4.5.2020 by email and on 7.5.2020 the physical copy of the order was also received at which time, defendant no. 4 became aware of the order. Mr. Mitra states that due to pandemic situation of Covid-19 his clients were not able to access email on 5.5.2020. Mr. Mitra states before defendant no. 4 became aware of the order, they had telecast only one film viz. 'Azaad Desh Ke Gulam' and Mr. 4 became aware of the order. Mr. Mitra states that due to pandemic situation of Covid-19 his clients were not able to access email on 5.5.2020. Mr. Mitra states before defendant no. 4 became aware of the order, they had telecast only one film viz. 'Azaad Desh Ke Gulam' and Mr. Mitra states thereafter defendant no. 4 has not committed any breach of the order and had no intention to commit any breach of the order. Statement accepted as an undertaking. 11. So far as defendant nos. 5 & 6 are concerned, they are not represented though served. The entire basis of the claim in the suit is that defendants which would include defendant nos. 5 & 6 have been infringed the copy rights that plaintiffs possess in the movies mentioned in the plaint. Being satisfied with the plaintiffs' case, an ad-interim order has been passed on 4.5.2020. Despite being aware of the order, defendant nos. 5 & 6 appear to be committing breach of the order passed on 4.5.2020. In my view, if prayer clause-(a) is not granted, further prejudice would be caused to plaintiffs. In view thereof, there will be an order against defendant no. 5 and defendant no. 6 in terms of prayer clause (a) of the present Application except the bracketed portion as shown below: "(a) that pending the hearing and final disposal of this present Suit, this Hon'ble Court be pleased to appoint a Court Receiver, High Court, Bombay with all with all powers under O.40 R.1 of the Code of Civil Procedure, 1908 including the power to take physical possession of all materials related to the films namely "Azaad Desh Ke Gulam", "Haathi Mere Saathi", "Platform", "Saathi" and "SheshNaag" including materials such as CDs, DVDs, Pen Drives, {Laptops, Computers}, Hard Disks/Drives, Magnetic Tapes etc {and/or any other Equipment and/or Apparatus and/or Gadget and/or Device etc by or through which the Defendant Nos. 4 to 8 have illegally exploited the Suit films in any manner whatsoever.}" 12. Since the Court Receiver, High Court, Bombay may not be in a position to travel in view of the COVID-19 pandemic and the protective measures enforced by the Government, I am appointing the following persons as the Court Commissioners and as representative of the Court Receiver to execute the present order at the following addresses of the Defendant Nos. Since the Court Receiver, High Court, Bombay may not be in a position to travel in view of the COVID-19 pandemic and the protective measures enforced by the Government, I am appointing the following persons as the Court Commissioners and as representative of the Court Receiver to execute the present order at the following addresses of the Defendant Nos. 5 and 6 and such other places, as maybe pointed out by the representatives of the Plaintiff during execution of the said proceedings till the next date of hearing: Defendants Addresses Details of Court Commissioner 1. Telecom Consumer Product Private Ltd. Address : 468/3, Shivaji Market Pitam pura, New Delhi-110034 Email: mahamovietv@gmail.com Adv. Priyadarshi Gopal Address : E148, Lower Ground Floor, Greater kailash-1 New Delhi-110048 Email: Priyadarshi.law@gmail.com Mobile No: 9560633441 Bar Council Registration :D/404/2012 2. Vision Corporation Ltd. Address : at 2/A. 2nd Floor, citi Mall, Link Road, Andheri (w) Mumbai – 400053 Email :info@visioncorpltd.com Adv. Srinivas Bobde Address : Oval House, Ground Floor off Nagindas Master Road, Fort Mumbai – 400001 Emai: shirinivas.s.bobde@gmail.com Mobile No 9619846066 Bar Council Registration : MAH/6340/2011 13. Copy of the Bar Council ID cards/Enrolment Certificate of the Court Commissioners above have been e-filed by the Plaintiff today. The Court Commissioners shall exercise the following powers which are not exhaustive:- a. Enter the premises at the abovementioned addresses at any time; b. To break open the lock/s, should the need arise; c. To do the acts as stated in prayer clause (a) as granted above d. To prepare site panchanama/report and take signature of the persons present at the site; e. To avail requisite police assistance from the concerned local police station; f. To exercise all necessary powers in furtherance of the above to efficaciously implement this order. 14. The Court Commissioners shall keep the impugned material pertaining to the Suit Films under their respective seals in the safe custody of the respective Defendants. The Court Commissioners are authorized to seek police assistance, if required and the local police authorities of the concerned police station shall render all possible assistance as requested by the Court Commissioner including deployment of such number of police personnel as required on production of attested copy or digitally signed copy of this order. The Court Receiver to submit report through the Court Receiver to this Court by 24th August 2020. 15. The fees of each Court Commissioner is fixed at Rs. The Court Receiver to submit report through the Court Receiver to this Court by 24th August 2020. 15. The fees of each Court Commissioner is fixed at Rs. 35,000/- per day or per venue, whichever is higher, plus out of pocket expenses. Ground transportation by air-conditioned car shall be arranged by the Plaintiff. If the Court Commissioners have to stay overnight, Plaintiff shall make arrangement to lodge the Court Commissioners at a decent hotel befitting the status of the Court Commissioners. The fees and expenses of the Court Commissioners shall be paid directly to them by the Plaintiff within one week of receiving their invoice. 16. The concerned Senior Police Inspector/Station House Officer/Circle Inspector of the local police station shall extend full co-operation to the Court Commissioner on production of an authenticated copy or digitally signed copy of this order. 17. List the above Interim Application for directions on 24th August 2020. Plaintiff is granted liberty to renew its application for further reliefs on the adjourned date. 18. Liberty is granted to the Defendants No. 5 and 6 to apply for variation of this order with 48 hours prior notice to the advocates for the Plaintiffs. 19. Mr. Kamod states that they do not wish to prosecute the suit against defendant nos. 7 & 8 since the parties have amicably settled the matter. Therefore, defendant nos. 7 & 8 be deleted from the list of defendants. 20. This order will be digitally signed by the Private Secretary of this Court. All concerned will act on production by fax or email of a digitally signed copy of this order.