Delhi High Court - Orders
New Balance Athletics Inc vs Nbstoresinindia.In & Ors on 4 October, 2023
Author: Prathiba M. Singh
Bench: Prathiba M. Singh
$~30
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CS(COMM) 12/2022 and I.A. 263/2022, 1275/2022, 7828/2022,
8839/2022, 10094/2022, 17169/2022, 17170/2022, 20922/2022,
22358/2022
NEW BALANCE ATHLETICS INC ..... Plaintiff
Through: Mr. Dushyant K Mahant, Mr. Urfee
Roomi, Ms. Janaki Arun, Mr. Alvin
Antony, Mr. Anubhav Chhabra and
Mr. Ayush Dixit, Advocates (M- +91
98180 98835)
versus
NBSTORESININDIA.IN & ORS. ..... Defendants
Through: Mr. Sandeep Kumar Mahapatra,
CGSC, Ms. Kritika Sharma,
Advocates for D-15 along with Mr.
Abhinesh Meena (Junior Telecom
Officer DOT) (M- 9774010703).
Mr. Apoorv Kurup, Advocate for D-
16.
Mr. Naveen Kumar Jain, Advocate
for D-17/NIXI (m- 9971759700)
CORAM:
JUSTICE PRATHIBA M. SINGH
ORDER
% 04.10.2023
1. This hearing has been done through hybrid mode. I.As. 8839/2022, 10094/2022, 17169/2022 (u/O XXXIX Rule 2A CPC)
2. These applications have been filed seeking initiation of contempt proceedings for violation of orders dated 7th January, 2022, 24th January, 2022 and, 11th February, 2022 passed by this Court.
3. It is submitted that blocking orders have been issued by DoT and MEITY on 6th June, 2023. Ld. counsel for the Plaintiff does not press these applications.
CS(COMM) 12/2022 Page 1 of 4This 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 09/10/2023 at 20:52:38
4. Accordingly, these applications are disposed of. I.A. 17170/2022 & 1275/2022 (u/O XI Rule II & XII CPC)
5. The present applications have been filed seeking directions to answer interrogatories.
6. The said applications are not pressed by the ld. counsel for the Plaintiff.
7. Accordingly, applications are disposed of. I.A. 7828/2022 (u/O I Rule 10(2) CPC)
8. The present application has been filed by Defendant No. 17 - National Internet Exchange of India (NIXI) for deletion of its name from the array of parties.
9. In the present case, NIXI would be a necessary and proper party. In view thereof, deletion is not permitted.
10. Accordingly, this application is disposed of.
I.A. 22358/202211. The present application has been filed by the Plaintiff seeking modification of the order dated 20th December, 2022.
12. Ld. counsel for the Plaintiff does not wish to press the present application.
13. Accordingly, application is disposed of as not pressed. CS(COMM) 12/2022 and I.As. 263/2022, 20922/2022
14. Today, it is submitted on behalf of MEITY and DoT that blocking orders which were issued on 6th June, 2023 continue to operate and there has been no unblocking orders which have been issued by MEITY after the said blocking order.
15. On behalf of DoT it is submitted that directions have been issued to all ISPs to block the domain names and there is no withdrawal of the said CS(COMM) 12/2022 Page 2 of 4 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 09/10/2023 at 20:52:38 blocking orders.
16. Ld. Counsel for the Plaintiff submits that the domain names - www.netin.com and www.1api.net have not been blocked and are still accessible.
17. The Court has tried to access the infringing domain names/websites. The websites - www.netin.com and www.1api.net are not accessible to the Court. Even ld. Counsel for the DoT who is appearing virtually has tried and he submits that the same are not accessible.
18. At this stage, Mr. Urfee Roomi, ld. Counsel for the Plaintiff who is appearing virtually has shared his screen and has demonstrated to the Court that www.1api.net is still accessible at his end. On a query from the Court as to who is the service providers, the details of the same are given. The same are as under:
SPECTRA Corporate Office: Plot No. 21-22, 3rd Floor, Udyog Vihar, Phase IV, Gurugram-122015 Regional Office: Awfis Space Solutions Private Limited, A-24/9, Mohan Co-operative Industrial Estate, Mathura Road, Saidabad Mohan, Cooperative, Delhi-110044
19. Mr. Mahant, ld. Counsel also raises an objection that NIXI has permitted 'dynadot' which was earlier using www.dynadot.com to now register www.dynadot.in and they are making their services available in India through the '(dot) in' domain name.
20. In view thereof, issue notice to NIXI.
21. Mr. Naveen Jain, ld. Counsel for NIXI accepts notice.
22. NIXI is directed to immediately block the domain name 'dynadot.in'.
CS(COMM) 12/2022 Page 3 of 4This 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 09/10/2023 at 20:52:39 It is also directed not to permit any 'dynadot' registrations to be obtained with any modification under the '(dot) in' extension.
23. An affidavit on behalf of the MEITY has been handed over to Court. Let the same be placed on record.
24. List on 24th November, 2023.
PRATHIBA M. SINGH, J.
OCTOBER 4, 2023 Rahul/kt CS(COMM) 12/2022 Page 4 of 4 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 09/10/2023 at 20:52:40