Kamdhenu Limited vs Raghunath Virdharam Bishnoi And Ors on 19 July, 2022

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Delhi High Court - Orders

Kamdhenu Limited vs Raghunath Virdharam Bishnoi And Ors on 19 July, 2022

1. Vide order dated 23rd March, 2022, this Court had issued multiple directions to Delhi Police in relation to investigation in the matter at hand, and sought the status report within 4 weeks. The directions issued vide order dated 23rd March, 2022 read as under:

CS (COMM) 524/2021 Page 1 of 5 Signature Not Verified Digitally Signed By:DEVANSHU JOSHI Signing Date:21.07.2022 11:05:58

"18. Moreover, the concerned official on behalf of the Delhi Police shall also place on record a proper report after investigating into this matter, especially to:

(i) Identify the whereabouts and the identity of the person(s)/entity who had registered the infringing domain names stated in the plaint and application including https://www.kamdhenusteellimited.com, and http://www.kamdhenusteelltd.com, or using the email address- [email protected], and operating/owning the various bank accounts, as specified in paragraph 12(vi) above.

(ii) Conduct investigation into the KYC details of all these mobile numbers- +91-8274015086; +91-

8274856645; +91-8902805463; +91-8017270982; +91-8017473729; +91-8811811419; +91-9051564104; +91-8274086819, +91- 8584046472; +91- 8274855248; +91-9051564104; +91- 6295517550; +91-7595025966 and +91-9599089676, as to the persons who are using the same.

(iii) Conduct an investigation into the two persons identified by Vodafone and Reliance Jio-

(a) Defendant No.l- Mr. Raghunath Virdharamji Bishnoi with the Mb. Nos. +91 .8291921518, 9769552829 and Address:- 66/68, Ram Bhavan, Room No 23, Kumbharwada, SP Road, 4th Kumbharwada Lane, Mumbai, Maharashtra, Opp. Goldeol Temple, 400004.

(b) Mr. Anuj Bind, S/o, Umesh Prasad, Mb. Nos.:

+91-9137285531, 8252412281, Address: Wing D 606 Shitat Society, Bhavani Ln, Garodia Nagar, Ghatkopar East, Mumbai, Maharashtra-400077.

19. The detailed status report in this regard shall be filed within four weeks."

2. Status report in terms of order dated 23rd March, 2022 the has been handed over to the Court today by Ms. Nandita Rao, ld. Counsel appearing for Cyber Crime Cell, Delhi. The Court has perused the same. It reveals that the police investigation has identified a number of individuals located CS (COMM) 524/2021 Page 2 of 5 Signature Not Verified Digitally Signed By:DEVANSHU JOSHI Signing Date:21.07.2022 11:05:58 primarily in West Bengal, Assam and Mumbai, who obtained the mobile numbers for registering the domain names containing the mark 'KAMDHENU' and duped various customers. It is submitted by the Ms. Rao, ld. Counsel, that investigation is still underway and Delhi Police will soon register an FIR in the matter.

3. Considering the fact that similar IPR matters involving online frauds have already come before this Court, it is deemed appropriate to direct the Commissioner of Police to consolidate all the IPR/online fraud matters involving the issues of collection of monies in the name of the well-known business houses using domain names incorporating their trade marks/names, on the pretext of giving dealership/franchise, under the supervision of one Cyber Cell of the Delhi Police. Some of the matters involving identical issues are already being handled by Shri Raman Lamba, ACP, Cyber Crime Cell, Delhi Police who appeared virtually before the Court yesterday in relation to one such matter. The Ld. Commissioner of Police may pass necessary directions in this regard qua consolidation of all such matters so that comprehensive investigation and action can be taken in this regard.

4. Insofar as bank accounts of the violators mentioned in paragraph 12(vi) of order dated 23rd March, 2022 are concerned, these accounts shall stand frozen with immediate effect. The details of the said bank accounts are as under:

                                 Sl.                 Bank                    Account No. and IFSC
                                 No.
                                  1.   Canara Bank, Post Box No.495,  A/c

74, Janpath, New Delhi- No.918010055567418;

                                       110001(Defendant No.5)
                                                                      A/c No.121101115759
                                       &                               (IFSC-CNRB0000238),

                          CS (COMM) 524/2021                                                   Page 3 of 5
Signature Not Verified
Digitally Signed
By:DEVANSHU JOSHI
Signing Date:21.07.2022
11:05:58

Canara Bank, 297, Bellasis Road,  A/c No.110016520238 UFW Trust Building, Opposite (IFSC-CNRB0000238), Bus Depot, Mumbai, Maharashtra-

 A/c No.110028639070 400008 (Defendant No.6) (IFSCCNRB0000238),  A/c No.110024346682 (IFSC CNRB0000238),  A/c No.110009987387 (IFSC-

CNRB0001723),  A/c No.110001613029.

2. Punjab National Bank, 265, Orchid A/c City Centre, Mumbai Central, No.2916000100535046 Mumbai-400008 and 2916001500018496 Head Office/Corporate Office: Plot (IFSC-PUNB0436400) No 4, Sector -10 Dwarka, New Delhi-110075 (Defendant No.7)

3. Axis Bank Limited, Axis House, A/c C-2, Wadia International Centre, No.921010031808364 Pandurang Budhkar Marg, Worli, (IFSC-UTIB0000056) Mumbai-400 025

4. ICICI Bank, ICICI Bank Tower, A/c No.254601001146 Near Chakli Circle, Old Padra (IFSC-ICIC0001398) Road, Vadodara- 390007, Gujarat

5. The concerned bank to immediately give effect to freezing orders, upon an intimation in this regard being given by the Investigating Officer of the Delhi Police. The complete bank statements of all these bank accounts shall also be procured by the Delhi Police and placed on record along with the next status report. If any details in relation to these bank accounts are available with the concerned bank, including Aadhar card, KYC details, etc., CS (COMM) 524/2021 Page 4 of 5 Signature Not Verified Digitally Signed By:DEVANSHU JOSHI Signing Date:21.07.2022 11:05:58 the same shall also be supplied by the Manager of the said bank to Delhi Police.

6. If any of the intermediaries arrayed as Defendants in the present suit have any details of the individuals including email, mobile number, address, PAN, KYC details, credit card details, etc, the same shall be supplied to the ld. Counsel for Plaintiff within 48 hours. Further, all the details available with ld. Counsel for the Plaintiff shall also be given to the Delhi Police.

7. Ld. counsels appearing for Google, GoDaddy, Vodafone Idea, Reliance Jio, Airtel submit that they have already provided the details to the ld. Counsel for the Plaintiff as per directions of this Court contained in paragraph no. 12 of order dated 23rd March, 2022. If so, the same shall be again furnished to ld. Counsel for the Plaintiff within 48 hours, who shall consolidate the entire information and give the same to ld. Counsel for the Delhi Police immediately.

8. Strict compliance of these direction by the intermediaries is expected in this matter.

9. Let fresh status report be produced by Delhi Police on the next date of hearing.

10. List on 3rd August, 2022.

PRATHIBA M. SINGH, J.

JULY 19, 2022/dk/sk CS (COMM) 524/2021 Page 5 of 5 Signature Not Verified Digitally Signed By:DEVANSHU JOSHI Signing Date:21.07.2022 11:05:58

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Delhi High Court - Orders