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Delhi High Court

Dabur India Limited vs Ashok Kumar And Ors on 10 February, 2023

Author: Prathiba M. Singh

Bench: Prathiba M. Singh

                                                              2023/DHC/001070




$~30(OS), 1(OS) to 29(OS)
*    IN THE HIGH COURT OF DELHI AT NEW DELHI
                                         Date of Decision: 10th February, 2023
+      CS (COMM) 135/2022 & I.As. 3423/2022, 9363/2022, 12156/2022,
       16505/2022, 1221/2023, 1222/2023
       DABUR INDIA LIMITED                                     ..... Plaintiff
                        Through: Mr. Anirudh Bakhru, and Mr. Kripa
                                    Pandi, Advocates. (M:9810013453)
                        versus
       ASHOK KUMAR AND ORS                             ..... Defendants
                        Through: Mr. Yashvardhan Singh, Advocate for
                                    D-1. (M:9667056770)
                                    Mr. Harish Vaidyanathan Shankar,
                                    CGSC with Mr. Srish Kumar Mishra,
                                    Mr. Sagar Mehlawat Alexander Mathai
                                    Paikaday, Advocates (M: 9810788606).
                                    Ms. Kruttika Vijay, Ms. Geetanjali
                                    Viswanathan, & Ms. Aishwarya Kane,
                                    Advs. for D-5 (M-9910083144)
                                    Mr. K.G. Gopalakrishnan and Ms.
                                    Nisha Mohandas, Advocates for D-7.
                                    (M:8800556341)
                                    Mr. Darpan Wadhwa, Sr. Advocate
                                    with Mr. Alipak K. Banerjee, and Ms.
                                    Shweta Sahu, Advs. for D-4 & 15.
                                    Mr. Harish V. Shankar, CGSC with Mr.
                                    Srish Kumar Mishra, Mr. Sagar
                                    Mehlawat & Mr. Alexander Mathai
                                    Paikaday, Advocates.
                                    Ms. Hetu Arora Sethi, ASC, GNCTD
                                    with Mr. Arjun Basra, Advocate Jai
                                    Prakash, ACP, IFSO Cyber Cell along
                                    with Inspector Sanjeev Solanki,
                                    Inspector Kusum , Inspector Suneel
                                    Siddhu and SI Manzoor Alam.
                                    ACP Raman Lamba with Insp. Suneel
                                    Siddhu, IFSO, Special Cell.


CS (COMM) 135/2022 & connected matters                             Page 1 of 33
                                                               2023/DHC/001070




(1)                  WITH
+          CS (COMM) 20/2019 & I.As.561/2019, 20157/2022
       TATA SKY LIMITED                              ..... Plaintiff
                     Through: Mr.         Vinayak,           Advocate.
                              (M:9013008939)

                        versus
       S G ENTERPREISES - TATA SKY SALES AND SERVICES AND
       ORS.                                         ..... Defendants
                        Through: Mr. Moazzam Khan, Ms. Shweta Sahu,
                                 Mr. Alipak Banerjee and Ms. Parva
                                 Khare, Advs. for D-5. (M:9987115749)
                                 Ms. Akshita Jain, Advocate for D-8.
                                 (M:9990526912)
(2)                     WITH
+      CS(COMM) 193/2019 & I.As. 5399/2019, 11497/2019, 18216/2019,
       15451/2021, 6069/2022
       COLGATE PALMOLIVE COMPANY & ANR. ..... Plaintiffs
                        Through: Mr. Pravin Anand, Mr. Saif Khan &
                                  Mr.    Rohil     Bansal,      Advs.(M-
                                  9079965359)
                        versus

       NIXI & ANR.                                           ..... Defendants
                              Through:   Ms. Akshita Jain, Advocate for D-1
                                         (M-9990526912).
                                         Mr. Darpan Wadhwa, Sr. Advocate
                                         with Ms. Swati Agarwal, Ms. Binsy
                                         Susan, Mr. Shashank Mishra, Ms.
                                         Akshi Rastogi, Ms. Vaani Kaushik &
                                         Mr. Vaarish Sawlani, Advs for D-3-4.
                                         Mr. Anurag Ahluwalia, CGSC with Mr.
                                         Danish Faraz Khan, Mr. Abhigyan
                                         Siddhant and Mr. Rahul Sharma,
                                         Advocates for UOI (M-9999999045)
                                         with Mr. Tanmay Nirmal, Manager
                                         legal.
                                         Mr. Tentu Satyanarayan, Director


CS (COMM) 135/2022 & connected matters                             Page 2 of 33
                                                         2023/DHC/001070




                                    (Legal), UIDAI & Mr. Tanmaya
                                    Nirmal, Deputy Manager (Legal &
                                    Policy), UIDAI (M-9899113033).
                                    Mr. Kushagra Goel & Mr. Abhimanyu
                                    Yadav, Advocates for D-7 (M-
                                    9711443294).
                                    SI Prince Kumar, PS Hauz Khas.
                                    Ms. Hetu Arora Sethi, ASC, GNCTD
                                    with Mr. Arjun Basra, Advocate Jai
                                    Prakash, ACP, IFSO Cyber Cell along
                                    with Inspector Sanjeev Solanki,
                                    Inspector Kusum, Inspector Suneel
                                    Siddhu and SI Manzoor Alam.
(3)                            WITH
+                 CS (COMM) 297/2019
       MOTHER DAIRY FRUIT & VEGETABLE PVT. LTD...... Plaintiff
                        Through: Mr. Pravin Anand, Mr. Saif Khan, Mr.
                                    Shobhit Agarwal and Mr. Deepank,
                                    Advocates.
                        versus
       KUMAR PRAHLAD & ANR.                            ..... Defendants
                        Through: Mr. Yash Vardhan Singh, Advocate for
                                    D-1.
                                    Ms. Hetu Arora Sethi, ASC, GNCTD
                                    with Mr. Arjun Basra, Advocate Jai
                                    Prakash, ACP, IFSO Cyber Cell along
                                    with Inspector Sanjeev Solanki,
                                    Inspector Kusum , Inspector Suneel
                                    Siddhu and SI Manzoor Alam.
(4)                            WITH
+      CS (COMM) 298/2019 & I.As.8189/2019, 13215/2019, 13631/2019,
       15695-96/2019, 14210/2021, 16707/2021
       ULTRATECH CEMENT LIMITED & ANR.                 ..... Plaintiff
                        Through: None.
                        versus
       WWW.ULTRATECHCEMENTS.COM & ORS. ..... Defendants
                        Through: Mr. Darpan Wadhwa, Sr. Advocate
                                    with Ms. Binsy Susan & Ms. Swati


CS (COMM) 135/2022 & connected matters                       Page 3 of 33
                                                           2023/DHC/001070




                                 Agarwal, Advocates for GoDaddy.
                                 (M:9650001297)
                                 Mr. Ananta Prasad Mishra & Mr.
                                 Gagan Gupta, Advocates for D-9.
                                 (M:9990937838)
                                 Mr. Manish Mohan, CGSC for UOI.
                                 (M-999910115)
                                 Ms. Hetu Arora Sethi, ASC, GNCTD
                                 with Mr. Arjun Basra, Advocate Jai
                                 Prakash, ACP, IFSO Cyber Cell along
                                 with Inspector Sanjeev Solanki,
                                 Inspector Kusum, Inspector Suneel
                                 Siddhu and SI Manzoor Alam.
(5)                         WITH
+      CS (COMM) 317/2019 & I.As. 8404-05/2019, 3270/2020
       DHARAMPAL SATYAPAL LIMITED                          ..... Plaintiff
                     Through: Mr. Rajesh Yadav, Sr. Advocate with
                                 Ms. Ruchira V. Arora and Mr.
                                 Dhananjay     Mehlawat,        Advocates.
                                 (M:9911006159)
                     versus
       RAJNIGANDHA DISTRIBUTORS PRIVATE LIMITED
       & ORS                                       ..... Defendants
                     Through: Mr. Mahesh, Mr. Gulshan Kumar, Ms.
                                 Shubhangi Sood & Ms. Aashi,
                                 Advocates for D-2,3.
                                 Mr V. P Singh, Advocate for D-10.
                                 Mr. Siddharth Sangal & Ms. Nilanjani
                                 Tandon, Advocates for D-11/SBI.
                                 Ms. Hetu Arora Sethi, ASC, GNCTD
                                 with Mr. Arjun Basra, Advocate Jai
                                 Prakash, ACP, IFSO Cyber Cell along
                                 with Inspector Sanjeev Solanki,
                                 Inspector Kusum , Inspector Suneel
                                 Siddhu and SI Manzoor Alam.
                                 Mr. Santosh Kumar Tripathi, Standing
                                 Counsel with Mr. Arun Panwar, Mr.
                                 Tapesh Raghav, Mr. Prudyumn Rao


CS (COMM) 135/2022 & connected matters                         Page 4 of 33
                                                              2023/DHC/001070




                                         and Mr. Mahak Rankawat, Advcoates.
(6)                  WITH
+      CS (COMM) 732/2019 & I.As. 3865/2020, 9234/2020, 4171/2021,
       4172/2021
       MONTBLANC SIMPLO GMBH                               ..... Plaintiff
                     Through: Mr. Pravin Anand & Mr. Devesh
                                 Ratan, Advs. (M:9810333571)
                     versus
       MONTBLANCINDIA.COM & ORS.                   ..... Defendants
                     Through: Mr. Yajur Bhalla, Mr. Deepak Samota
                                 and Mr. Sumer Ahuja, Advocates for
                                 D-1, 2, 4 to 10 & 20. (M:9711009378)
                                 Ms. Asiya Khan, Advocate for D-25
                                 (M: 9971644936).
                                 Mr. Alipak Banjerjee, Ms. Pava Khare
                                 & Ms. Shweta Sahu Advs for D-18.
                                 Ms. Hetu Arora Sethi, ASC, GNCTD
                                 with Mr. Arjun Basra, Advocate Jai
                                 Prakash, ACP, IFSO Cyber Cell along
                                 with Inspector Sanjeev Solanki,
                                 Inspector Kusum , Inspector Suneel
                                 Siddhu and SI Manzoor Alam.
(7)                         WITH
+            CS (COMM) 82/2020 & I.A. 2402/2020
       JOCKEY INTERNATIONAL INC.                           ..... Plaintiff
                     Through: Mr. Pravin Anand, Mr. Saif Khan, Mr.
                                 Shobhit Agarwal and Mr. Deepank,
                                 Advs. (M:8800520258)
                     versus
       WWW.JOCKEYFRANCHISE.COM & ORS. ..... Defendants
                     Through: Mr. Vivek Jain and Ms. Aastha Tiwari,
                                 Advs. for D-4. (M:9871863446)
                                 Ms. Hetu Arora Sethi, ASC, GNCTD
                                 with Mr. Arjun Basra, Advocate Jai
                                 Prakash, ACP, IFSO Cyber Cell along
                                 with Inspector Sanjeev Solanki,
                                 Inspector Kusum , Inspector Suneel
                                 Siddhu and SI Manzoor Alam.


CS (COMM) 135/2022 & connected matters                            Page 5 of 33
                                                           2023/DHC/001070




(8)                  WITH
+      CS (COMM) 251/2020 & I.As. 5544/2020, 7655/2022
       MICROSOFT CORPORATION & ANR.                ..... Plaintiffs
                     Through: Mr. Pravin Anand, Mr. Saif Khan, Mr.
                                 Shantanu Sahay, Ms. Imon Roy and
                                 Mr. Apoorv Bansal, Advocates.
                     versus
       MS CZONE SOLUTIONS & ORS.                   ..... Defendants
                     Through: Mr. Sumit Nagpal, Ms. Nancy, Ms.
                                 Dolly Luthra and Ms. Aastha Sood,
                                 Advs for D-1 & 2. (M:9911995000)
                                 Ms. Hetu Arora Sethi, ASC, GNCTD
                                 with Mr. Arjun Basra, Advocate Jai
                                 Prakash, ACP, IFSO Cyber Cell along
                                 with Inspector Sanjeev Solanki,
                                 Inspector Kusum , Inspector Suneel
                                 Siddhu and SI Manzoor Alam.
(9)                  WITH
+      CS (COMM) 255/2020 & I.As. 5590-91/2020, 11099/2020, 6402/2022
       INDIAMART INTERMESH LIMITED                          .... Plaintiff
                     Through: Mr. Sidharth Chopra, Mr. Nitin
                                 Sharma, Mr. Yatin Garg, Mr. Ranjeet
                                 Singh, Mr. Vivek Ayyagari, Mr. Angad
                                 Makkar, Mr. M. J. Sudarshan, Ms.
                                 Ramya Aggarwal and Mr. Sohrab
                                 Mann, Advocates.
                     versus
       MR. AKASH VERMA & ORS.                      ..... Defendants
                     Through: Mr. Neel Mason, Mr. Uday Singh
                                 Chopra, Mr. Saransh Saini and Mr.
                                 Ujjawal Bhargava for D-2. (M:
                                 9399304251).
                                 Mr. Saransh, Advocate for Ms. Nandita
                                 Rao, ASC (Crml.),GNCTD.
                                 Ms. Hetu Arora Sethi, ASC, GNCTD
                                 with Mr. Arjun Basra, Advocate Jai
                                 Prakash, ACP, IFSO Cyber Cell along
                                 with Inspector Sanjeev Solanki,


CS (COMM) 135/2022 & connected matters                         Page 6 of 33
                                                               2023/DHC/001070




                                  Inspector Kusum , Inspector Suneel
                                  Siddhu and SI Manzoor Alam.
(10)                          WITH
+    CS (COMM) 324/2020 & I.As. 6950/2020, 12588/2020, 12611/2020,
     11510/2021
     MCDONALDS CORPORATION & ANR. ..... Plaintiffs
                       Through: Ms. Priya Adlakha, Mrs. Bindra Rana,
                                  Ms. Tanvi Bhatnagar, Ms. Rima
                                  Majumdar and Ms. Shilpi Sinha,
                                  Advocates. (M:9818202368)
                       versus
     NATIONAL INTERNET EXCHANGE OF INDIA
     & ORS.                                            ..... Defendants
                       Through: Mr. Vivek Jain & Mr. Aastha Tiwari,
                                  Advocates     for      D-18         &      28
                                  (M9811426480).
                                  Mr. Alipak K. Banerjee and Ms.
                                  Shweta Sahu, Advocates for D-5, 2, 6
                                  7, & 8 (M: 9987115749).
                                  Mr. Ravi Prakash, CGSC with Mr.
                                  Sahonwlah Farmani Ali, Advocate for
                                  D-35&36 (M-9469448888)
                                  Mr. Santosh Kumar Rout & Mr.
                                  Abhishek Chakraborty, Advocates for
                                  D-13 to 17, 22, 26, 27, 31)
                                  Ms. Hetu Arora Sethi, ASC, GNCTD
                                  with Mr. Arjun Basra, Advocate Jai
                                  Prakash, ACP, IFSO Cyber Cell along
                                  with Inspector Sanjeev Solanki,
                                  Inspector Kusum, Inspector Suneel
                                  Siddhu and SI Manzoor Alam.
(11)                          WITH
+    CS (COMM) 373/2020 & I.A. 7995-96/2020, 7999/2020, 9171/2020,
     84/2021, 430/2021 & 1371/2021
     ITC LIMITED                                              ..... Plaintiff
                       Through: Mr. Pravin Anand, Ms. Vaishali, Mr.
                                  Shivang Sharma & Mr. Siddhant
                                  Chamola, Advocates


CS (COMM) 135/2022 & connected matters                              Page 7 of 33
                                                            2023/DHC/001070




                   versus
       ASHOK KUMAR & ORS.                        ..... Defendants
                   Through:    Ms. Ritu Mishra, Advocate for D-6.
                               Mr. Hrithik Goyal and Ms. Lovleen
                               Goyal,    Advocates          for      D-12.
                               (M:8826767020)
                               Ms. Deepika Kathuria, Adv. for D-14.
                               Ms. Asmita Kumar, Advocate for D-31.
                               (M:9899967516)
                               Ms. Hetu Arora Sethi, ASC, GNCTD
                               with Mr. Arjun Basra, Advocate Jai
                               Prakash, ACP, IFSO Cyber Cell along
                               with Inspector Sanjeev Solanki,
                               Inspector Kusum , Inspector Suneel
                               Siddhu and SI Manzoor Alam.
(12)                      WITH
+             CS (COMM) 424/2020 & I.A. 20246-47/2022
     SHOPPERS STOP LIMITED                       ..... Plaintiff
                   Through: Mr. Sagar Chandra, Ms. Shubhie Wahi,
                               Ms. Ankita Seth and Ms. Sanya
                               Kapoor, Advocates. (M:9810907412)
                   versus
     M/S SHOPPERSTOP & ORS.                      ..... Defendants
                   Through: Mr. P.S. Sudheer and Ms. Anne
                               Mathew,       Advs.          for        D-5.
                               (M:9891760039)
                               Ms. Hetu Arora Sethi, ASC, GNCTD
                               with Mr. Arjun Basra, Advocate Jai
                               Prakash, ACP, IFSO Cyber Cell along
                               with Inspector Sanjeev Solanki,
                               Inspector Kusum , Inspector Suneel
                               Siddhu and SI Manzoor Alam.
(13)                      WITH
+    CS (COMM) 498/2020 & I.A. 10520-21/2020, 2506/2021, 2530/2021
     MICROSOFT CORPORATION & ANR.                     ..... Plaintiffs
                   Through: Mr. Pravin Anand, Mr. Saif Khan, Mr.
                               Shantanu Sahay, Ms. Imon Roy and
                               Mr. Apoorv Bansal, Advocates.


CS (COMM) 135/2022 & connected matters                          Page 8 of 33
                                                         2023/DHC/001070




                   versus
     PCPATCHERS TECHNOLOGY PRIVATE LIMITED
     & ORS.                                      ..... Defendants
                   Through: Mr. Sumit Nagpal, Ms. Nancy and Ms.
                               Aashta Sood, Advocates for D-1, 2 & 3.
                               (M:9911995000)
                               Ms. Hetu Arora Sethi, ASC, GNCTD
                               with Mr. Arjun Basra, Advocate Jai
                               Prakash, ACP, IFSO Cyber Cell along
                               with Inspector Sanjeev Solanki,
                               Inspector Kusum , Inspector Suneel
                               Siddhu and SI Manzoor Alam.
(14)                      WITH
+         CS (COMM) 95/2021 & I.A. 4800/2021
     THE HIMALAYA DRUG COMPANY & ORS. ..... Plaintiffs
                   Through: Mr. Pravin Anand, Ms. Prachi Agarwal
                               and Ms. Ms. Ridhie Bajaj, Advocates.
                               (M:8800972785)
                   versus
     ASHOK KUMAR & ORS.                          ..... Defendants
                   Through: Mr. Alipak Banderjee, Ms. Shweta
                               Sahu, Mr. Parva Khare and Mr. Brijesh
                               Ujjaniwal, Advocates for Go Daddy
                               (M: 9987115749).
                               Mr. Tushar Singh & Ms. Trisha
                               Patnaik, Advocates for D-25.
                               Mr. Surinder Singh, Advocate for D-29
                               (M-9311325398)
                               Ms. Hetu Arora Sethi, ASC, GNCTD
                               with Mr. Arjun Basra, Advocate Jai
                               Prakash, ACP, IFSO Cyber Cell along
                               with Inspector Sanjeev Solanki,
                               Inspector Kusum , Inspector Suneel
                               Siddhu and SI Manzoor Alam.
(15)               WITH
+    CS (COMM) 154/2021 & I.A. 4692/2021, 10905/2022
     GODREJ PROPERTIES LTD                               ..... Plaintiff
                   Through: Mr. Pravin Anand, Mr. Vibhav Mithal


CS (COMM) 135/2022 & connected matters                        Page 9 of 33
                                                              2023/DHC/001070




                                         and Mr. Achyut Tiwari, Advocates.
                                         (M:8447458389)
                   versus
       ASHOK KUMAR & ANR.                                   ..... Defendants
                   Through:              Mr. Darpan Wadhwa, Sr. Advocate
                                         with, Mr. Alipak Banerjee, & Ms.
                                         Shweta Sahu, Advocates for D-2.
                                         (M:9987115749)
                                         Ms. Hetu Arora Sethi, ASC, GNCTD
                                         with Mr. Arjun Basra, Advocate Jai
                                         Prakash, ACP, IFSO Cyber Cell along
                                         with Inspector Sanjeev Solanki,
                                         Inspector Kusum , Inspector Suneel
                                         Siddhu and SI Manzoor Alam.
(16)               WITH
+    CS (COMM) 176/2021 & I.As. 14924/2022, 14925/2022
     SNAPDEAL PRIVATE LIMITED                             ..... Plaintiff
                   Through: Ms. Tanya Varma & Ms. Devyani
                               Nath, Advocates. (M:7042547106)
                   versus
     GODADDYCOM LLC AND ORS                       ..... Defendants
                   Through: Mr. Harish Vaidyanathan Shankar,
                               CGSC with Mr. Srish Kumar Mishra,
                               Mr. Sagar Mehlawat Alexander Mathai
                               Paikaday, Advocates (M: 9810788606).
                               Ms. Shweta Sahu and Mr. Alipak
                               Banerjee, Mr. Parava Khare and Mr.
                               Brijesh Ujjainwal, Advs, for D-
                               2,3,4,23,26,31. (M:9987115749)
                               Mr. Darpan Wadhwa, Sr. Advocate
                               with Mr. Moazzam Khan, Mr. Alipak
                               Banerjee and Ms. Shweta Sahu,
                               Advocates for D-1 & 10.
                               Ms. Kruttika Vijay and Ms. Aishwarya
                               Kane,      Advocates          for      D-9.
                               (M:9910083144)
                               Mr. Praveen Kumar Jain & Ms. Shalini
                               Jha, for D-34. (M:9871278525)


CS (COMM) 135/2022 & connected matters                           Page 10 of 33
                                                      2023/DHC/001070




                              Ms. Hetu Arora Sethi, ASC, GNCTD
                              with Mr. Arjun Basra, Advocate Jai
                              Prakash, ACP, IFSO Cyber Cell along
                              with Inspector Sanjeev Solanki,
                              Inspector Kusum, Inspector Suneel
                              Siddhu and SI Manzoor Alam.
(17)                      WITH
+         CS (COMM) 276/2021 & I.A. 7329/2021
     MICROSOFT CORPORATION & ANR.                ..... Plaintiffs
                   Through: Mr. Pravin Anand, Mr. Saif Khan, Mr.
                              Shantanu Sahay, Ms. Imon Roy and
                              Mr. Apoorv Bansal, Advocates.
                   versus
     TECH HERACLES OPC PRIVATE LIMITED
     & ORS.                                      ..... Defendants
                   Through: Ms. Hetu Arora Sethi, ASC, GNCTD
                              with Mr. Arjun Basra, Advocate Jai
                              Prakash, ACP, IFSO Cyber Cell along
                              with Inspector Sanjeev Solanki,
                              Inspector Kusum , Inspector Suneel
                              Siddhu and SI Manzoor Alam.
(18)                      WITH
+    CS (COMM) 293/2021 & I.As.7543-44/2021, 10308/2021,
     15052/2021
     TATA SONS PRIVATE LIMITED & ANR.            ..... Plaintiffs
                   Through: Mr. Pravin Anand, Mr. Saif Khan Mr.
                              Achuthan Sreekumar & Mr. Rohil
                              Bansal Advocates. (M:9079965359)
                   versus
     M/S ELECTRO INTERNATIONAL & ORS.            ..... Defendants
                   Through: Mr. M.K. Singh, Advocate for Mr.
                              Samir Chugh, Advocates for Airtel (M-
                              9810455716)
                              Ms. Deepika Kathuria, Adv. for D-8.
                              Ms. Hetu Arora Sethi, ASC, GNCTD
                              with Mr. Arjun Basra, Advocate Jai
                              Prakash, ACP, IFSO Cyber Cell along
                              with Inspector Sanjeev Solanki,


CS (COMM) 135/2022 & connected matters                   Page 11 of 33
                                                              2023/DHC/001070




                                         Inspector Kusum , Inspector Suneel
                                         Siddhu and SI Manzoor Alam.
(19)               WITH
+         CS (COMM) 399/2021 & I.A. 10855/2021
     HINDUSTAN UNILEVER LIMITED                           ..... Plaintiff
                   Through: Mr. Sidharth Chopra, Mr. Nitin
                               Sharma, Mr. Yatin Garg, Mr. Ranjeet
                               Singh, Mr. Vivek Ayyagari, Mr. Angad
                               Makkar, Mr. M. J. Sudarshan, Ms.
                               Ramya Aggarwal and Mr. Sohrab
                               Mann, Advocates.
                   versus
     NITIN KUMAR SINGH & ORS.                     ..... Defendants
                   Through: Mr. Ankur Prakash, Ms. Simran Gill,
                               Mr. Yudhishthir Bhardwaj, Mr.
                               Dhananjay, Mr. Amod Bidhuri & Mr.
                               Saquib Siddiqui, Advocates for D-1
                               Mr. Akshit Chaudhary, Advocate for
                               D-5.
                               Mr. Bhagvan Swarup Shukla, CGSC
                               with Mr. Kamaldeep, Advocate for
                               UOI/D-18 & 19.
                               Mr. K.K. Singh, Advocate for D-27.
                               Mr. K.R. Sasiprabhu and Mr. Tushar
                               Bhardwaj, Advs for Reliance Jio.
                               Ms. Hetu Arora Sethi, ASC, GNCTD
                               with Mr. Arjun Basra, Advocate Jai
                               Prakash, ACP, IFSO Cyber Cell along
                               with Inspector Sanjeev Solanki,
                               Inspector Kusum , Inspector Suneel
                               Siddhu and SI Manzoor Alam.
(20)               WITH
+    CS (COMM) 524/2021 & I.A. 13715/2021, 4506/2022
     KAMDHENU LIMITED                                     ..... Plaintiff
                   Through: Mr.       Nikhil     Sonker,        Advocate.
                               (M:7726021194)
                   versus
     RAGHUNATH VIRDHARAM BISHNOI AND ORS. .... Defendants


CS (COMM) 135/2022 & connected matters                           Page 12 of 33
                                                      2023/DHC/001070




                              Through:
                             Mr. Rishabh Gupta and Mr. Abhishek
                             Kumar Singh, Advocates.
                             Mr. Harish Vaidyanathan Shankar,
                             CGSC with Mr. Srish Kumar Mishra,
                             Mr. Sagar Mehlawat Alexander Mathai
                             Paikaday, Advocates (M: 9810788606).
                             Mr. Lakshy Aggarwal, Advocate for D-
                             3.
                             Mr. Rishi Kapoor and Mr. Satish Rai,
                             Advocates for D-3. (M:8368148214)
                             Ms. Shweta Sahu, Mr. Alipak
                             Banjerjee, Mr. Parva Khare and Mr.
                             Brijesh Ujjainwal, Advocates for D-8.
                             (M:9987115749)
                             Mr. K.G. Gopalakrishnan and Ms.
                             Nisha Mohandas, Advocates for D-9.
                             (M:8800556341)
                             Mr. Vihan Dang, Ms. Aditi Umapathy
                             and Mr. Parva Khare, Advocates for D-
                             10 (M-99101983636)
                             Mr. K.R. Sasiprabhu and Mr. Tushar
                             Bhardwaj, Advs. for Reliance Jio.
                             Ms. Hetu Arora Sethi, ASC, GNCTD
                             with Mr. Arjun Basra, Advocate Jai
                             Prakash, ACP, IFSO Cyber Cell along
                             with Inspector Sanjeev Solanki,
                             Inspector Kusum , Inspector Suneel
                             Siddhu and SI Manzoor Alam.
(21)                     WITH
+        CS (COMM) 26/2022 & I.As. 612-13/2022, 954/2022
     HT MEDIA LTD                                    ..... Plaintiff
                  Through: Mr. Sidharth Chopra, Mr. Nitin
                             Sharma, Mr. Yatin Garg, Mr. Ranjeet
                             Singh, Mr. Vivek Ayyagari, Mr. Angad
                             Makkar, Mr. M. J. Sudarshan, Ms.
                             Ramya Aggarwal and Mr. Sohrab
                             Mann, Advocates. (M:8017571175)
                  versus


CS (COMM) 135/2022 & connected matters                   Page 13 of 33
                                                         2023/DHC/001070




       POOJA SHARMA & ORS.                      ..... Defendants
                   Through:   Mr. Pramod K. Sah, Advocate for D-4.
                              Ms. Deepika Kathuria, Adv. for D-10.
                              Mr. Alipak Banerjee, Ms. Shweta Sahu,
                              Mr. Brijesh Ujjainwal, and Advs. for
                              D-19. (M:9987115749)
                              Mr. Vihan Dang, Ms. Aditi Umapathy
                              and Mr. Parva Khare, Advocates for D-
                              20. (M:9911983636).
                              Mr. M.K. Singh, Advocate for Mr.
                              Samir Chugh, Advocate for Airtel.
                              Ms. Hetu Arora Sethi, ASC, GNCTD
                              with Mr. Arjun Basra, Advocate Jai
                              Prakash, ACP, IFSO Cyber Cell along
                              with Inspector Sanjeev Solanki,
                              Inspector Kusum , Inspector Suneel
                              Siddhu and SI Manzoor Alam.
(22)                     WITH
+    CS (COMM) 35/2022 I.As. 819/2022, 3168/2022, 4738/2022,
     8767/2022
     KAJARIA CERAMICS LIMITED                           ..... Plaintiff
                  Through: Mr. J. Sai Deepak, Ms. Priya Adlakha,
                              Mrs. Bindra Rana, Ms. Tanvi
                              Bhatnagar, Ms. Rima Majumdar and
                              Ms.     Shilpi   Sinha,        Advocates.
                              (M:9818202368)
                  versus
     GODADDY.COM LLC & ORS.                     ..... Defendant
                  Through: Mr. Moazzam Khan, Ms. Shweta Sahu,
                             Mr. Alipak Banerjee and Ms. Parva
                             Khare, Advs. for D-1. (M:9987115749)
                             Ms. Hetu Arora Sethi, ASC, GNCTD
                             with Mr. Arjun Basra, Advocate Jai
                             Prakash, ACP, IFSO Cyber Cell along
                             with Inspector Sanjeev Solanki,
                             Inspector Kusum , Inspector Suneel
                             Siddhu and SI Manzoor Alam.
                             Mr. Ashwani Kumar, Adv. for D-2.


CS (COMM) 135/2022 & connected matters                      Page 14 of 33
                                                     2023/DHC/001070




                              Mr. Lakshy Aggarwal, Adv. for d-4
                              Ms. Kirti Bhardwaj, Adv. for D-5(b).
                              Mr. M.K. Singh, Advocate for Mr.
                              Samir, Advocate (M-9810455716)
                              Mr. Santosh Kr. Rout & Mr. Abhishek
                              Chakraborty, Advocate for D-6.
(23)                      WITH
+        CS (COMM) 158/2022 & I.As. 3996-97/2022
     MICROSOFT CORPORATION & ANR.                ..... Plaintiff
                   Through: Mr. Pravin Anand, Mr. Saif Khan, Mr.
                              Shantanu Sahay, Ms. Imon Roy and
                              Mr. Apoorv Bansal, Advocates.
                   versus
     VACATION RENTAL SERVICES PRIVATE LIMITED
     & ORS.                                      ..... Defendants
                   Through: Mr. Mayank Mehandra, Mr. Charu
                              Tandon & Mr. Sarthak Kapoor & Mr.
                              Raghav Tandon, Advocate for D-1 & 2.
                              Mr. Ramnish Khanna, Adv. for D-7.
                              SI Manzoor Alam, Cyber Police
                              Station, South-East.
                              Ms. Hetu Arora Sethi, ASC, GNCTD
                              with Mr. Arjun Basra, Advocate Jai
                              Prakash, ACP, IFSO Cyber Cell along
                              with Inspector Sanjeev Solanki,
                              Inspector Kusum , Inspector Suneel
                              Siddhu and SI Manzoor Alam.
(24)               WITH
+        CS (COMM) 233/2022 & I.As. 5780-81/2022
     BAJAJ FINACE LTD & ANR.                     ..... Plaintiffs
                   Through: Mr. Sidharth Chopra, Mr. Nitin
                              Sharma, Mr. Yatin Garg, Mr. Ranjeet
                              Singh, Mr. Vivek Ayyagari, Mr. Angad
                              Makkar, Mr. M. J. Sudarshan, Ms.
                              Ramya Aggarwal and Mr. Sohrab
                              Mann, Advocates.
                   versus
     NIKO DAS & ANR.                             ..... Defendants


CS (COMM) 135/2022 & connected matters                  Page 15 of 33
                                                                2023/DHC/001070




                              Through:   Mr. Vihan Dang, Ms. Aditi Umapathy
                                         and Mr. Parva Khare, Advocates for D-
                                         3.
                                         Mr. Neel Mason, Mr. V. Dang & Ms.
                                         Aditi,    Advocates      for      D-3.
                                         (M:9971586598)
                                         Mr. M.K. Singh, Advocate for Mr.
                                         Samir Chugh, Advocate for Airtel.
                                         Ms. Hetu Arora Sethi, ASC, GNCTD
                                         with Mr. Arjun Basra, Advocate Jai
                                         Prakash, ACP, IFSO Cyber Cell along
                                         with Inspector Sanjeev Solanki,
                                         Inspector Kusum , Inspector Suneel
                                         Siddhu and SI Manzoor Alam.
(25)               WITH
+        CS (COMM) 275/2022 & I.As. 6535-36/2022
     HINDUSTAN UNILEVER LTD & ANR.             ..... Plaintiffs
                   Through: Mr. Sidharth Chopra, Mr. Nitin
                             Sharma, Mr. Yatin Garg, Mr. Ranjeet
                             Singh, Mr. Vivek Ayyagari, Mr. Angad
                             Makkar, Mr. M. J. Sudarshan, Ms.
                             Ramya Aggarwal and Mr. Sohrab
                             Mann, Advocates.
                   versus
     UNILEVERR1.IN & ORS.                      ..... Defendants
                   Through: Ms. Deepika Kathuria, Adv. for D-9.
                             Mr. S. Surender, Advocate for D-21.
                             Ms. Asiya Khan, Advocate for D-25
                             Mr. M.K. Singh, Advocate for Mr.
                             Samir Chugh, Advocate for Airtel.
                             Ms. Hetu Arora Sethi, ASC, GNCTD
                             with Mr. Arjun Basra, Advocate Jai
                             Prakash, ACP, IFSO Cyber Cell along
                             with Inspector Sanjeev Solanki,
                             Inspector Kusum , Inspector Suneel
                             Siddhu and SI Manzoor Alam.
(26)               WITH
+        CS (COMM) 364/2022 & I.As. 8518-20/2022, 12855/2022


CS (COMM) 135/2022 & connected matters                             Page 16 of 33
                                                      2023/DHC/001070




     AMAZON SELLER SERVICES PRIVATE LIMITED
     & ANR.                                      ..... Plaintiffs
                   Through: Mr. Sidharth Chopra, Mr. Nitin
                               Sharma, Mr. Yatin Garg, Mr. Ranjeet
                               Singh, Mr. Vivek Ayyagari, Mr. Angad
                               Makkar, Mr. M. J. Sudarshan, Ms.
                               Ramya Aggarwal and Mr. Sohrab
                               Mann, Advocates.
                   versus
     AMAZONBUYS.IN & ORS.                        ..... Defendants
                   Through: Mr. G. Mirza, Mr. Vishesh Sharma,
                               Advocates for D-4. (M:7434045442)
                               Mr. Sohit Choudhary, Advocate for D-
                               5.
                               Ms. Mrinal Ojha, Mr. Debarshi Dutta &
                               Mr. Aayush Kevlani, Advocates for D-
                               8 (M-9167094381)
                               Ms. Deepika Kathuria, Adv. for D-10.
                               Mr. Vineet Dhanda, CGSC with Mr.
                               Abhishek Singh, Advocate for UOI/D-
                               18 & 19.
                               Mr. M.K. Singh, Advocate for Mr.
                               Samir Chugh, Advocate for Airtel.
                               Ms. Hetu Arora Sethi, ASC, GNCTD
                               with Mr. Arjun Basra, Advocate Jai
                               Prakash, ACP, IFSO Cyber Cell along
                               with Inspector Sanjeev Solanki,
                               Inspector Kusum , Inspector Suneel
                               Siddhu and SI Manzoor Alam.
(27)               WITH
+    CS (COMM) 475/2022 & I.As. 10851-52/2022, 12173-74/2022
     FASHNEAR TECHNOLOGIES PRIVATE LIMITED ..... Plaintiff
                   Through: Mr. Sidharth Chopra, Mr. Nitin
                               Sharma, Mr. Yatin Garg, Mr. Ranjeet
                               Singh, Mr. Vivek Ayyagari, Mr. Angad
                               Makkar, Mr. M. J. Sudarshan, Ms.
                               Ramya Aggarwal and Mr. Sohrab
                               Mann, Advocates.


CS (COMM) 135/2022 & connected matters                   Page 17 of 33
                                                             2023/DHC/001070




                      versus
     MEESHO ONLINE SHOPPING PVT. LTD. & ANR. ..... Defendants
                      Through: Mr. Neel Mason, Mr. Vihan Dang, and
                                  Ms. Aditi Umapathy, Advocate for D-6.
                                  Mr. Vihan Dang, Ms. Aditi Umapathy
                                  and Mr. Parva Khare, Advs. for D-10.
                                  Mr. Darpan Wadhwa, Sr. Advocate
                                  with Mr. Alipak Banerjee, Mr. Brijesh
                                  Ujjainwal & Ms. Shweta Sahu,
                                  Advocate for D-7.
                                  Mr. Anurag Ahluwalia, CGSC with Mr.
                                  Abhigyan Siddhant and Mr. Danish
                                  Faraz Khan, Advocates for D-19 & 20.
                                  (M:9999999045)
                                  Mr. K.R. Sasiprabhu and Mr. Tushar
                                  Bhardwaj, Advs for Reliance Jio.
                                  Ms. Hetu Arora Sethi, ASC, GNCTD
                                  with Mr. Arjun Basra, Advocate Jai
                                  Prakash, ACP, IFSO Cyber Cell along
                                  with Inspector Sanjeev Solanki,
                                  Inspector Kusum , Inspector Suneel
                                  Siddhu and SI Manzoor Alam.
(28)                         WITH
+    CS (COMM) 350/2020 & I.A. 7456/2020, 9624/2020, 9629/2020,
     996/2021, 9204/2022, 16148/2022
     GUJARAT COOPERATIVE MILK MARKETING FEDERATION
     LTD & ANR.                                              ..... Plaintiff
                      Through: Mr. Abhishek Singh and Mr. J. Amal
                                  Anand, Mr. Elvin Joshy, Ms. Alisha
                                  Sharma & Ms. Insha Mushtaq,
                                  Advocates. (M:9910291290)
                      versus
     AMUL-FRANCHISE.IN & ORS.                        ..... Defendant
                      Through: Mr. Anil Soni, CGSC with Mr. Rahul
                                  Mourya,        Adv.        for         UOI.
                                  (M:9560238258)
                                  Mr. Anurag Ahluwalia,, CGSC with
                                  Mr. Abhigyan Siddhant, G.P. and Mr.


CS (COMM) 135/2022 & connected matters                           Page 18 of 33
                                                                2023/DHC/001070




                                Danish Faraz Khan, Advocate for UOI.
                                (M:9811418995)
                                Mr. Darpan Wadhwa, Sr. Advocate
                                with Mr. Alipak Banerjee & Ms.
                                Shweta Sahu and Advocates for D-26.
                                (M:9987115749)
                                Mr. Alipak Banerjee, Mr. Brijesh and
                                Ms. Shweta Shahu, Advocates for D-
                                27, 28 & 30.
                                Mr. Praveen Kumar Jain, and Ms.
                                Shalini Jha, Advocates for D-37.
                                (M:9871278525)
                                Mr. Ramesh Babu, Ms. Manisha Singh,
                                Ms. Jagriti Bharti, and Ms. Tanya
                                Chowdhary, Advocate for D-28 (M:
                                9971671294).
                                Mr. Vihan Dang and Mr. Parva Khare
                                & Ms. Aditi Umapathy, Advs for D-52.
                                Ms. Hetu Arora Sethi, ASC, GNCTD
                                with Mr. Arjun Basra, Advocate Jai
                                Prakash, ACP, IFSO Cyber Cell along
                                with Inspector Sanjeev Solanki,
                                Inspector Kusum , Inspector Suneel
                                Siddhu and SI Manzoor Alam.
(29)                        WITH
+    CS (COMM) 228/2021 & I.As. 6441/2021, 11684/2021, 1412-
     13/2022, 12160/2022, 12171/2022, 13443/2022, 14920/2022,
     14923/2022, 17716-17/2022

       BAJAJ FINANCE LIMITED                                    ..... Plaintiff
                     Through:            Mr. Abhishek Singh, Mr. Jamal Anand,
                                         Mr. Elvin Joshy, Ms. Insha Mushtaq
                                         Ms. Alisha Sharma & Mr. Ujjwal.
                    versus
       REGISTRANT OF WWW.BAJAJ-FINSERVE.ORG
       & ORS.                               ..... Defendants
                    Through: Mr. Harish Vaidyanathan Shankar,
                             CGSC with Mr. Srish Kumar Mishra,


CS (COMM) 135/2022 & connected matters                             Page 19 of 33
                                                                2023/DHC/001070




                                         Mr. Sagar Mehlawat Alexander Mathai
                                         Paikaday, Advocates (M: 9810788606).
                                         Mr. Alipak Banerjee, Ms. Shweta Sahu,
                                         Ms. Parva Khare and Mr. Brijesh
                                         Ujjainwal, and Advs. for D-7, 12, 14,
                                         17, 6, 11 & 22 (M:9987115749)
                                         Mr. Manish Paliwal, and Ms. Himanshi
                                         Kaushik,     Advocates    for    D-18.
                                         (M:8448257585)
                                         Mr. Akhil Sibal, Sr. Advocate with Mr.
                                         Aditya Gupta, Ms. Aishwarya, Mr.
                                         Sauhard Alung and Ms. Asvari Jain,
                                         Advocates for D-19. (M:9910083144)
                                         Mr. Rajshekhar Rao, Sr. Advocate with
                                         Mr. Tine Abraham, Mr. Manasa
                                         Sundaraman C., Ms. Kshipra Pyare and
                                         Ms. Mansi Sood Trileyal, Advocates
                                         for D-28. (M:9324328752)
                                         Mr. Ashok Kumar, Advocate for D-31.
                                         (M:9810011826).
                                         Ms. Swati Aggarwal, Ms. Binsy Susan,
                                         Mr. Aasish Samasi and Mr. Mohit
                                         Singh, Advs. for GoDaddy.
                                         Ms. Hetu Arora Sethi, ASC, GNCTD
                                         with Mr. Arjun Basra, Advocate Jai
                                         Prakash, ACP, IFSO Cyber Cell along
                                         with Inspector Sanjeev Solanki,
                                         Inspector Kusum , Inspector Suneel
                                         Siddhu and SI Manzoor Alam.
     CORAM:
     JUSTICE PRATHIBA M. SINGH
Prathiba M. Singh (Oral)
1.     This hearing has been done through hybrid mode.
2.     This Court has been considering the above matters from time to time.
The present set of suits and proceedings have been filed before this Court, by
a large number of trademark and brand owners, seeking reliefs against misuse

CS (COMM) 135/2022 & connected matters                             Page 20 of 33
                                                                  2023/DHC/001070




of their marks / names / brands by unauthorized persons, who register such
marks as part of their domain names. The primary issue that arises in these
cases is that the proliferation of these fraudulent and illegal domain names has
resulted in enormous damage to innocent and gullible members of the public,
who have mistakenly paid large sums of money to the said website
owners/domain name owners. From time to time, directions have been issued
by this Court for blocking and for removal/suspension of the domain names
and pulling down of the websites.
The appointment of grievance officers by Domain Name Registrars (DNR)
and giving effect to orders passed by this Courts and other authorities.
3.     It is seen in these matters that the details for the persons registering the
illegal domain are usually not available on the website. In view of the same,
vide order dated 3rd August, 2022, recommendations were to be given by
MEITY after consulting various stakeholders, including the CGPTDM, DOT,
NIXI, Delhi Police, etc on the following aspects:
         "(i) The manner in which the details of the domain name
         registrants, can be verified by the DNRs, at the time of
         registration of domain names;
         (ii) The manner in which the privacy protect feature and proxy
         servers are made available: whether it is only upon a specific
         registrant choosing the said option, rather than as a standard
         feature as part of a 'bundle';
         (iii) If the owner of a well-known brand or a trademark
         contacts any DNR, the manner in which the data related to the
         registrant can be provided, without the intervention of a Court,
         or any governmental agency;
         (iv) Whether the identity of the owner of a domain name, which
         consists of a registered trademark or a known brand can be
         verified at the time of registration itself;
         (v) If a specific link could be provided by the CGPTDM,
         covering a list of well-known marks, maintained by the

CS (COMM) 135/2022 & connected matters                                Page 21 of 33
                                                                 2023/DHC/001070




         Registrar of the Trademarks, or declared by any Court of law,
         which can then be used for expedited blocking of domain
         names consisting of such marks;
         (vi) If there can be any agency that can be identified in India,
         such as NIXI, who can be made a repository of the data
         concerning the registrant, or an agency through which the
         data could be transmitted by the DNR, upon verification by
         NIXI, in case a trademark owner has a grievance against a
         specific domain name;
         (vii) If any directions are issued to the DNRs, and the same are
         not implemented, the manner in which the implementation of
         the said orders can be ensured;
         (viii) Since almost all, domain names are registered only after
         payments are made through credit card, or other online
         payment methods or apps, is it possible, upon request by any
         identified agency, to provide the information relating to the
         person who has made the payment, to the trademark owners.
         This should be discussed in the aforementioned meeting to be
         held on 30th August, 2022."
4.     In addition, a further aspect to be considered by the MEITY and DoT as
recorded in the order dated 14th September, 2022, was the issue of whether
grievance officers had been appointed by the DNRs and in case of no
information regarding the same, MEITY was to take steps in accordance with
law. A status report detailing the steps taken by MEITY was also to be filed.
The said status report reflecting the action taken by the MEITY has been
placed on record. The relevant part of the same is as under:
        S. RELEVANT PARA OF                ACTION TAKEN
        No. THE ORDER SHEET
            DATED 14.09.2022
        7. Para No. 34                     On 16.11.2022, an email has
            Insofar as those DNRs          sent to the Jia Rong Low the
            which have appointed           Vice President, Stakeholder
            Grievance Officers are         Engagement and Managing
            concerned,     including       Director Asia Pacific ICANN

CS (COMM) 135/2022 & connected matters                              Page 22 of 33
                                                                     2023/DHC/001070




               Newfold      Group      and     regarding the appointment of
               Google, it is made clear        Grievance Officers by ICANN
               that they ought to function     accredited DNRs
               in accordance with law          ICANN has also submitted its
               including the IT Rules,         response to the MeitY. It is
               2021. In such cases,            pertinent to mention here that,
               Plaintiffs are permitted to     in response ICANN has not
               make advance service in         provided the details of
               cases relating to domain        Grievance officer of ICANN
               names registered with the       accredited DNR. ICANN has
               said     DNRs     to     the    mentioned      that     ICANN's
               Grievance           Officers    relationship     with     ICANN
               through the contact details     accredited Registrars is merely
               of the grievance officers. It   contractual. ICANN does not
               would then be expected in       provide legal counsel to
               such cases, that the said       ICANN accredited registrars
               DNRs        would      enter    and does not coordinate their
               appearance or facilitate        participation in, or responses
               the compliance and give         to,      Court         directives.
               effect to the orders or         Accordingly, ICANN does not
               directions    passed      by    currently have any information
               Courts.                         with regard to the appointment
                                               of Grievance Officers by the
               Para No.35                      registrars identified.
               No other DNRs have made
               any submissions before          A copy of the Correspondence
               this Court today. MeitY is      with ICANN 1s placed at
               directed to look into the       Annexure - 7.
               issue of appointment of
               Grievance Officers by the       On 13.11.2022, through NIXI,
               other DNRs who are              a notice has been circulated in
               parties in these suits.         the newspapers "Times of
                                               India" and "Hindustan Times"
               Para No.36                      throughout the country by
               If the said DNRs have not       requesting     the      ICANN
               appointed       Grievance       accredited DNRs to appoint
               Officers, one week's time       Grievance Officer in their
               shall be given to them for      organization accordingly. The


CS (COMM) 135/2022 & connected matters                                   Page 23 of 33
                                                                 2023/DHC/001070




               making the appointments       screenshot of the notice
               in accordance with the IT     published newspaper is placed
               Rules, 2021. If the said      at Annexure -8.
               compliance
               is not made by DNRs,          In addition, MeitY vide its
               MeitY is free to proceed in   email     dated    29.12.2022
               accordance      with   law    requested 'I CANN accredited
               against such DNRs who         DNRs for .com/.net/.org' for
               are offering their domain     appointment of Grievance
               name registration, hosting    Officer or establishment of
               and related services m        Grievance           Redressed
               India, without complying      Mechanism by DNRs as
               with the local laws. A        prescribed under Intermediary
               status report be put up by    Guidelines and Digital Media
               MeitY by the next date, on    Ethics Code) Rules, 2021. The
               this aspect including the     same is placed at Annexure -
               steps taken by MeitY          8A.
               pursuant to the directions
               contained above.              None of the ICANN-accredited
                                             DNRs for .com/.net/.org' have
                                             responded.

                                             In        persuasion         of
                                             aforementioned actions from
                                             MeitY and NIXI, all twenty (20)
                                             .IN DNRs have shared the
                                             details of Grievance Officers
                                             appointed by them. A copy of
                                             the current status of the
                                             appointment of .IN DNRs is
                                             placed at Annexure - 9.

5.     The response of MEITY insofar as the issue relating to non-
appointment of grievance officers is as under:
     S. ISSUE     IDENTIFIED     BY RESPONSE
     No. HON'BLE DELHI HIGH COURT
         UNDER PARA NO. 36 OF COURT

CS (COMM) 135/2022 & connected matters                               Page 24 of 33
                                                                  2023/DHC/001070




            ORDER 13.08.2022

            1. If the said DNRs have not              As of today, MeitY does
            appointed Grievance Officers, one         not have powers to take
            week's time shall be given to them for    action          against
            making      the    appointments      in   noncompliant domain
            accordance with the IT Rules, 2021.       name registrars. On
            If the said compliance is not made by     the order of the
            DNRs, MeitY is free to proceed in         Hon'ble Court, action
            accordance with law against such          on blocking of website
            DNRs who are offering their domain        and email IDs would be
            name registration, hosting and            taken. The power of
            related services in India, without        such blocking is vested
            complying with the local laws. A          with DoT through ISPs.
            status report be put up by MeitY by
            the next date, on this aspect including
            the steps taken by MeitY pursuant to
            the directions contained above.


6.       It is noticed that there are two sets of DNRs which are operating in
India.
     • The first sets of DNRs are those who offer various Global Top Level
         Domains (GTLDs) such as (.com), (.net) and (.org). Some such DNRs
         have agreed to appoint grievance officers and implement orders passed
         by Indian Courts/Authorities. However, a number of DNRs have either
         not responded to MEITY or have belatedly refused to comply with the
         orders passed by this Court.
     • The second set of DNRs which operate in India are (.in) DNRs. In so
         far as (.in) DNRs are concerned, they are stated to have appointed
         Grievance Officers, as reflected in MEITY's report.




CS (COMM) 135/2022 & connected matters                               Page 25 of 33
                                                               2023/DHC/001070




7.     In addition, ld. Counsel for the Plaintiffs in some of the matters have
also informed the court that a number of DNRs have completely refused to
comply with the blocking orders and other directions issued by this Court, in
respect of infringing domain names.
8.     In view of the aforementioned facts which have come to light through
MEITY's status report, the submissions made before this Court from time to
time and the e-mails which have been placed on record today, such as e-mails
by Namecheap Inc, it is clear that stringent steps would be required to be
taken, in order to curb the menace of illegal domain name registrations having
well known marks and names of business houses. It is accordingly directed
that MEITY/DoT/the appropriate authority shall take steps action in
accordance with the Information Technology (Intermediary Guidelines and
Digital Media Ethics Code) Rules, 2021 against DNRs who do not agree to
comply with the said Rules or do not appoint grievance officers or implement
orders of Indian Courts/Authorities.
9.     Ld. Counsel for the Plaintiffs are free to communicate with the official
from MEITY Mr. Pradip Verma, who shall act as the nodal officer for this
purpose to coordinate with DoT and any other authorities, at the e-mail
address [email protected] and submit their respective lists of DNRs who
are stated to be not complying with the orders passed by this Court and not
appointing the grievance officers.
10.    It is directed that the concerned MEITY/DOT officials shall peruse the
various orders which are passed in these proceedings prior to taking any
action under the Information Technology (Intermediary Guidelines and
Digital Media Ethics Code) Rules, 2021. Steps in respect thereof, in terms of



CS (COMM) 135/2022 & connected matters                             Page 26 of 33
                                                               2023/DHC/001070




Rules be taken within four weeks. The action so taken shall be placed on
record by MEITY by means of a status report by the next date of hearing.
Bank Account Details and Matching of the Bank Account Holder's Name
with Account Number and Other Details
11.    On 14th September, 2022, during the hearing, it was brought to the
attention of the Court that in many cases under consideration, there was a
mismatch between the name of the account holder of the bank account, and
the name given in the billing details. The fact that whenever payments are
made into a bank account, the name of the account holder and the name of the
recipient are not matched and it is only the account number which is matched,
is leading to innocent consumers being duped. From the submissions made it
appears that currently there is no verification done by banks qua the name of
the account holder at the time of payment transaction.
       By way of illustration, if ,bank account no. 1234 is in the
       name of one Mr. XXX, and as per the billing details, the
       payment is being made to 'YYY Pvt. Ltd', with bank
       account no. 1234, the said mismatch would not be taken
       note of by the bank and only the account number is verified
       for the purposes of accepting deposits.

12.    Taking note of this submission, on the last date of hearing, i.e., 1st
December, 2022, the Court had directed RBI, impleaded as Respondent No.38

in CS (COMM)- 350/2022 titled Gujarat Cooperative Milk Marketing Federation Ltd. v. Amul-Franchise.in to place its stand on record in regard to the aforementioned issue. The said direction reads:

" 15. In this regard, it has also been noticed that the Reserve Bank of India, impleaded as Defendant No.38 in CS(COMM) 350/2022, has not entered appearance today.
CS (COMM) 135/2022 & connected matters Page 27 of 33
2023/DHC/001070 Let fresh notice be issued to the nominated counsel for the Reserve Bank of India for appearance in this matter.
16. Ld. counsel for the Plaintiffs to serve a copy of this order to the nominated counsel for RBI as well.
17. Registry to also give intimation to the nominated counsel of RBI and attach with the same, the order of this Court dated 14th September, 2022. The RBI shall also place its stand on record on the aspect of discrepancies between account holders' name and the name of the account itself and recommendations as to the way forward."

13. Today, Mr. Ramesh Babu, ld. Counsel for the RBI has handed over a copy of its affidavit dated 9th February, 2023 in compliance of the order dated 1st December, 2022. The stand of the RBI is that various guidelines in respect of RTGS and NEFT transactions have already been issued and guidelines are regularly issued from time to time in respect of mandatory compliances that are to be affected by banks at the time of opening of accounts etc.

14. Insofar as the question as to whether both the beneficiary account number and the account holder's name have to match while receiving payments or deposits, into a particular account is concerned, the stand of the RBI is as under:

"6. It is most humbly submitted that the RBI has not issued any specific instruction advising banks to ensure that the name of bank account holder and the names in the billing details correspond with each other. It is however, of significance to mention here that the RBI has already issued guidelines in relation to Real Time Gross Settlement (RTGS)/National Electronic Fund Transfer (NEFT) transactions viz., 'Electronic payment products - Processing inward transactions based solely on account number information', vide Circular No. DPSS (CO) EPPD No./863/04.03.01/2010-11 dated October 14, 2010.
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2023/DHC/001070 These guidelines, as is explicitly stated therein, have been issued with respect to various electronic payment products introduced by RBI to facilitate electronic transfer of funds in a secure and efficient manner. A copy of the Circular No. DPSS (CO) EPPD No./863/04.03.01/2010-11 dated October 14, 2010 has been annexed herewith and marked as Annexure D-1.
7. That, Paras 2, 3 and 4 of the said Circular, explain the challenges with manual intervention in processing transactions. It is submitted that in Core Banking Solutions (CBS) environment, customers of a bank can be uniquely identified by their account numbers across branches. However, in terms of the extant Procedural Guidelines for RTGS / NEFT / National Electronic Clearing Services (NECS) Electronic Clearing Service (ECS) Credit, banks are generally expected to match the name and account number information of the beneficiary before affording credit to the account. In the Indian context, many different ways in which beneficiary names can be written, it becomes extremely challenging to perfectly match the name field contained in the electronic transfer instructions with the name on record in the books of the destination bank. This leads to manual intervention hindering Straight Through Processing (STP) and causing delay in credit or due return of uncredited instructions. Any manual intervention not only delays completion of the instruction but also provides scope for error and fraudulent intent.

Responsibility for accurate input and successful credit lies with the remitting customers and the originating banks. The role of destination banks is limited to affording credit to beneficiary's account based on details furnished by the remitter/originating bank. In order to handle surging volumes in a limited time window, some banks use name matching software, while a few others employ a risk- based approach based on the nature and value of transfer.

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2023/DHC/001070

8. It is submitted that Para 5(1) of the said Circular states that responsibility to provide correct inputs in the payment instructions, particularly the beneficiary account number, rests with the remitter/originator. While the beneficiary's name shall be compulsorily mentioned in the instruction request and carried as part of the funds transfer message, reliance will be only on the account number for the purpose of affording credit. The said instructions are applicable both for transaction requests emanating at branches and those originated through online/internet delivery channels. The name field in the message formats will, however, be a parameter to be used by the destination bank based on risk perception and/or use for post- credit checking or otherwise.

9. Further, under Para 5 of said Circular, the banks are also advised to introduce following features for enhancing safety and security of electronic payments:

i. Banks should put suitable disclaimers on the funds transfer screens in the online/internet banking platform and funds transfer request forms advising customers that credit will be effected based solely on the beneficiary account number information and the beneficiary name particulars will not be used therefor.
ii. Destination banks may afford credit to the beneficiary's account based on the account number as furnished by remitter/originating bank in the message/data file. The beneficiary's name details may be used for verification based on risk perception, value of transfer, nature of transaction, post-credit checking, etc. CS (COMM) 135/2022 & connected matters Page 30 of 33 2023/DHC/001070 iii. Member banks shall take necessary steps to create awareness amongst their customers about the need for providing correct account number information while making payments through RTGS/NEFT/NECS/ECS Credit.
In addition to the above, the beneficiary banks are advised that, in cases where it is found that credit has been afforded to a wrong account, banks need to establish a robust, transparent and quick grievance redressal mechanism to reverse such credits and set right the mistake and/or return the transaction to the originating bank. This particularly needs to function very efficiently and pro-actively till such time customers are comfortable with the new arrangements.

10. It is submitted that Immediate Payment Service (IMPS), one of the modes of electronic fund transfer is operated by National Payments Corporation of India (NPCI). NPCI has enabled the banks to offer beneficiary account validation functionality to confirm the beneficiary account name (as per bank CBS) and account status before making the transaction. Banks need to ensure that they are equipped for providing this functionality and also necessary changes in their Bank application (net banking/mobile banking) User Interface (UI)/User Experience (UX) to enable this functionality to their customers in the transaction process flow. Unified Payments Interface (UPI), which is also operated by NPCI offers the functionality wherein the customer can verify the beneficiary UPI ID/Virtual Payment Address (VPA) from the app thus providing a layer of protection to the remitter."

15. Mr. Ramesh Babu, ld. Counsel appearing for the RBI submits that without conducting KYC verification, it is not permissible for a bank to open an account. However, he submits that insofar as the beneficiary account CS (COMM) 135/2022 & connected matters Page 31 of 33 2023/DHC/001070 validation functionality i.e., confirming the name of the beneficiary's account and not merely the account number is concerned, the said functionality is available with banks and it is for them to enable the same if they choose to do so. This mechanism has been introduced by NPCI.

16. Ld. counsel for the Plaintiffs, however, submits that the entire difficulty has arisen because of the fact that the banks only seek to match the account number while accepting payments through online, electronic and offline modes and do not verify the name of the beneficiary and match the same with the account holder's name.

17. In the opinion of this Court, the RBI needs to take steps in order to curb malpractices as has been seen in all these suits where amounts have been accepted by banks in the names of well-known companies but the bank account stands at the name of some third party.

18. ld. Counsel for the RBI to seek instructions as to whether the RBI can issue guidelines making it mandatory for banks to match the beneficiary's name/ name in the billing details with the account holder's name and not merely the account number, whenever banks accepts online or offline payments.

19. Let an affidavit in this regard be placed on record by the RBI within 4 weeks.

Investigation of Criminal Complaints

20. A common status report on behalf of Special Cell of Delhi Police dated 8th February, 2023 has been filed by Ms. Hetu Arora Sethi, ld. ASC giving the status of investigation in all the 30 suits. The ld. ASC submits that in some cases the Delhi Police has taken cognizance, though, there were no victims who were traceable in Delhi.

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2023/DHC/001070

21. Let investigation in all the 30 suits continue and a further status report be filed by the next date of hearing.

Privacy Protection Feature

22. All the DNRs who are appearing before the Court would seek instructions and make submissions on the next date of hearing as to whether privacy protection feature masking the details of the Domain Name Registrant is being automatically offered or is the concerned Domain Name Registrant required to 'choose' the said feature by a positive act as per the policies which they are following.

23. List on 27th March, 2023

24. These are part heard matters.

PRATHIBA M. SINGH JUDGE FEBRUARY 10, 2023 Mr/dj/sk/kt CS (COMM) 135/2022 & connected matters Page 33 of 33