Delhi High Court Refuses To Return Zee Entertainment's Copyright Infringement Suit Against ShareChat, Moj Platforms

The Delhi High Court has refused to return the copyright infringement suit filed by Zee Entertainment against ShareChat and Moj platforms, observing that it has territorial jurisdiction to hear the case.

Justice Mini Pushkarna dismissed the application filed by Mohalla Tech Private Limited, owner of the platforms, seeking return of the plaint for want of territorial jurisdiction.

The suit was filed against ShareChat- a social networking system platform and Moj- a short-video platform used for sharing content, as well as their respective websites. The platforms allow its users to use licensed music to create short-form video and audio content to share it with their viewers.

Zee Entertainment entered into an Agreement with Mohalla Tech effective from November 01, 2022, wherein it was mutually agreed that the latter would supply, host and distribute the former's long-form audio-visual and music videos, in order to make it available on its platforms. A license agreement was also entered between them.

The agreements expired in July–August 2023, after which Zee claimed that it discovered over 1,300 alleged infringements on ShareChat and more than 8,000 on Moj platforms' in‑built music libraries.

Zee alleged the applications continue to make its copyrighted content available to users for creating and sharing short videos without any subsisting licence.

In its application seeking return of plaint, Mohalla Tech argued that the Delhi High Court lacked territorial jurisdiction because the agreements vested “exclusive” jurisdiction in Mumbai courts.

It was argued that any dispute “arising out of or in connection with” the said contracts, including post‑termination use of content, must go to Mumbai.

Mohalla Tech also said that neither party has its registered office in Delhi and that mere online accessibility of ShareChat and Moj in the national capital does not satisfy Section 20(c) of CPC without proof of targeted commercial transactions in the forum state.

Dismissing the application, the Court noted that the plaint did not pertain to breach of any prior Agreements between the parties and related to the averment of Zee Entertainment regarding the unauthorized use and exploitation of its sound recordings, and underlying works on the impugned platforms.

It said that the suit was instituted for seeking relief in respect of the illegal exploitation of Zee's repertoire by Mohalla Tech on its platforms, and not in respect of breach of any Agreement.

“Considering the aforesaid, it is clear that defendant‟s alleged exploitation of the plaintiff‟s contents in Delhi, without any license granted by the plaintiff, would be enough to show that this Court has the jurisdiction to deal with the present case relating to copyright infringement,” the Court said.

“In view of the overall conspectus, this Court is of the considered view that reading of the plaint and the documents filed along with the plaint clearly discloses that part of the cause of action for the reliefs, as claimed in the present suit, arises within the territorial jurisdiction of this Court. Accordingly, the present suit is maintainable, and this Court has territorial jurisdiction to adjudicate the disputes as raised in the present suit,” it added.

Title: ZEE ENTERTAINMENT ENTERPRISES LIMITED v. MOHALLA TECH PRIVATE LIMITED

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