Delhi High Court - Orders
Dabur India Limited vs Ashok Kumar And Ors on 15 February, 2025
Author: Prathiba M. Singh
Bench: Prathiba M. Singh
$~6(OS)
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CS (COMM) 135/2022 & I.As. 3423/2022, 1221/2023, 42234/2024,
186/2025
DABUR INDIA LIMITED ..... Plaintiff
Through: Mr. Anirudh Bakhru, Mr. Ankur
Chhibber, Mr. Prabhu Tandon, Ms.
Archita Mahlawat, Ms. Kripa Pandit,
Mr. Christopher Thomas & Mr. Sazid
Rayeen, Advs. (M: 7838499168)
versus
ASHOK KUMAR AND ORS ..... Defendants
Through: Mr. Yashvardhan Singh, Advocate for
D-1. (M:9667056770)
Ms. Geetanjali Viswanathan, Ms.
Kruttika Vijay & Ms. Aishwarya
Kane, Advs. for D-5 (M-9910083144)
Mr. Dayan Krishnan Senior Advocate
with Mr. Alipak Banerjee, Mr. Parva
Khare, Mr. Brijesh Ujjainwal
Advocates for D-4. (M:9987115749)
Mr. K.G. Gopalakrishnan and Ms.
Nisha Mohandas, Advs for D-7.
(M:8800556341)
Mr. Apoorv Kurup & Ms. Kirti
Dadheech, Advs. for R-3. (M:
8929015368)
Mr. Akshay Goel, Mr. Shivam Narang
& Mr. Lalit Kashyap, Advocates.
Mr. Mr. Shubhendu Anand, Mr.
Piyush M. Dwivedi, Advs.
(M:7827709253)
Mr Kushal Gupta & Mr. Mohd Umar
Advocates.
Mr. Prashant Prakash, Adv. (M:
8800009001)
Ms. Lakahmi Kruttika Vijay & Ms.
CS (COMM) 135/2022 Page 1 of 5
This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
The Order is downloaded from the DHC Server on 18/02/2025 at 22:10:06
Aishwarya Kane, Advs for D-5. (M:
9643233842)
Mr. Ateev Kumar Mathur & Mr. Amol
Sharma , Advocates
Mr. Sarfaraz Khan & Mr Abdul
Wahid, Advs for UCO Bank (M-
9899140169)
Mr. Rajesh Kumar Gautam, Mr. Anant
Gautam, Ms. Likivi K Jakhalu & Mr.
Dinesh Sharma, Advs. (M:
9910783067)
Mr. Sanjay Gupta, Mr. Amol Sharma,
Mr. Anmol Mehta, Advs. for HDFC
Bank (M. 9958609042)
Mr. Varun Pathak, Mr. Thejesh
Rajendran & Mr. Tanuj Sharma, Advs.
for D-17. (M: 9599198161)
Mr. Vinay Yadav, Mr. Abhinav M.
Goel, Mr. Ansh Kalra and Ms. Kamna
Behrani, Advs. for R-3 and 4.
Mr. Susmit Pushkar, Adv.
Mr Sankalp Singh, Legal Manager,
Kotak Mahindra Bank (M:
8317038376)
Mr. Anupam Kumar Mishra, Adv.
CORAM:
JUSTICE PRATHIBA M. SINGH
ORDER
% 15.02.2025
1. This hearing has been done through hybrid mode. I.A. 42234/2024 (u/O I Rule 10 for impleadment)
2. The present application has been filed under Order I Rule 10 read with Section 151 of Code of Civil Procedure, 1908 seeking impleadment of three further Defendants.
CS (COMM) 135/2022 Page 2 of 5This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 18/02/2025 at 22:10:06
3. The Plaintiff prays for impleadment of the domain name/ website - https://www.daburdistributorships.in/index.html and https://daburdistributor.com. On the said websites, various images of the Plaintiff's products including the screenshots of the Plaintiff's website have been uploaded and the said domain names/websites are passing off as being connected with the Plaintiff.
4. Ld. Counsel for the Plaintiff submits that there is also clear violation of the copyright of the Plaintiff by the said websites.
5. The said domain names are stated to have been registered by Hostinger Operations UAB and the website is also being promoted on Facebook, X (previously known as Twitter) and Instagram.
6. In view of the averments made in the present application, the same is allowed.
7. The domain name registrar - Hostinger Operations UAB, Meta Platforms and X Crop. are impleaded as Defendant Nos. 16, 17 and 18.
8. The order dated 3rd March, 2022 as modified on 25th April, 2022 shall now stand extend to all these Defendants as well.
9. Ld. Counsel appearing for the Meta Platforms/Defendant No.17 be furnished a copy of the entire suit papers along with all the applications.
10. The newly impleaded Defendants shall be served through the respective Grievance Officers.
11. Application is accordingly disposed of in above terms. I.A. 186/2025 (u/O I Rule 10 for impleadment)
12. The present application has been filed under Order I Rule 10 CPC read with Section 151 of Code of Civil Procedure, 1908 seeking impleadment of Endurance Digital Domain Technology Private Limited as proposed CS (COMM) 135/2022 Page 3 of 5 This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 18/02/2025 at 22:10:06 Defendant No.19.
13. The Plaintiff prays for impleadment of the domain name/ website https://dbraur.in which has been registered by Endurance Digital Domain Technology Private Limited.
14. It is stated that the owner of the impugned website is operating the impugned website/domain without any authorization, permission and/or consent of the Plaintiff, amounting to blatant infringement of rights vested with Plaintiff pertaining to intellectual property rights including Plaintiff's well-known registered word mark/label/device of "DABUR". Further, it is stated that the impugned domain/website is operational and the same can be accessed from various electronic devices across the globe.
15. In view of the averments made in the present application, the same is allowed.
16. Endurance Digital Domain Technology Private Limited is accordingly impleaded as Defendant No.19.
17. The injunction order dated 3rd March, 2022 as modified on 25th April, 2022 shall now stand extend to the said Defendant as well.
18. Ld. Counsel appearing for the Endurance Digital Domain Technology Private Limited /Defendant No.19 be furnished a copy of the entire suit papers along with all the applications.
19. The newly impleaded Defendant shall be served through Grievance Officers.
20. Let the amended memo of parties be taken on record.
21. Application is accordingly disposed of in above terms. CS (COMM) 135/2022 & I.As. 3423/2022, 1221/2023
22. Let summons be issued to the newly impleaded Defendants by all CS (COMM) 135/2022 Page 4 of 5 This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 18/02/2025 at 22:10:06 modes upon filing of process fee.
23. List before the Joint Registrar on 3rd March, 2025.
24. List on 5th April, 2025 along with connected batch matters.
PRATHIBA M. SINGH, J.
FEBRUARY 15, 2025 Rahul/ms CS (COMM) 135/2022 Page 5 of 5 This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 18/02/2025 at 22:10:06