Delhi High Court - Orders
Inventphile Ventures Private Limited ... vs Brinerds Ventures Private Limited & Ors on 1 December, 2023
Author: Prathiba M. Singh
Bench: Prathiba M. Singh
$~49
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CS(COMM) 855/2023
INVENTPHILE VENTURES PRIVATE LIMITED (THROUGH ITS
DIRECTOR MR. VAIBHAV SHUKLA) ..... Plaintiff
Through: Mr. Gaurav H Sethi, Mr. Anmol
Joshi, Mr. Deeptanshu Chandra &Mr.
Anant Bajpai, Advocates.
versus
BRINERDS VENTURES PRIVATE LIMITED
& ORS. ..... Defendants
Through: None.
CORAM:
JUSTICE PRATHIBA M. SINGH
ORDER
% 01.12.2023
1. This hearing has been done through hybrid mode.
I.A.23917/20232. This is an application filed by the Plaintiff seeking exemption from filing Original documents. Original documents shall be produced/filed at the time of Admission/Denial, if sought, strictly as per the provisions of the Commercial Courts Act, 2015 and the DHC (Original Side) Rules, 2018.
3. Exemption is allowed, subject to all just exceptions. Accordingly, this application is disposed of.
I.A. 23918/20234. This application has been filed by the Plaintiff seeking exemption from filing certified copies, dim copies, translated copies and documents with proper margins.
5. Exemption is allowed, subject to all just exceptions. Application is disposed of.
CS(COMM) 855/2023 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 04/12/2023 at 23:43:46 I.A.23919/2023 (exemption from advance service to the Defendants)
6. In view of the fact that the Plaintiff has sought an urgent ex parte ad- interim injunction, the exemption from advance service to the Defendants is granted.
7. Application is disposed of.
CS(COMM) 855/2023
8. Let the plaint be registered as a suit.
9. Issue summons to the Defendants through all modes upon filing of Process Fee.
10. The summons to the Defendants shall indicate that the written statement to the plaint shall be positively filed within 30 days from date of receipt of summons. Along with the written statement, the Defendants shall also file an affidavit of admission/denial of the documents of the Plaintiff, without which the written statement shall not be taken on record.
11. Liberty is given to the Plaintiff to file the replication within 15 days of the receipt of the written statement. Along with the replication, if any, filed by the Plaintiff, an affidavit of admission/denial of documents of the Defendants, be filed by the Plaintiff, without which the replication shall not be taken on record. If any of the parties wish to seek inspection of any documents, the same shall be sought and given within the timelines. I.A. 23916/2023 (u/O XXXIX Rules 1 & 2 CPC)
12. The present suit has been filed by the Plaintiff - Inventphile Ventures Private Limited through its Director Mr.Vaibhav Shukla seeking permanent injunction restraining infringement of trade mark, passing off, etc against the following Defendants:
Defendant No.1 - Brinerds Ventures Private Limited CS(COMM) 855/2023 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 04/12/2023 at 23:43:46 Defendant No.2 - BRS Tech Services Ltd, British Virgin Islands Defendant No.3 - Mr. Bhavesh Praveen Defendant No.4 - Ms. Ritumbhara Bhatnagar Defendant No.5 - Mr. Shaaran Lakshminarayanan Defendant No.6 - Elevation Capital VII DA Holdings Limited Defendant No.7 - Upsparks LLP Defendant No.8 - Pantera Capital
13. The case of the Plaintiff is that it is one of the leading financial companies providing services related to monetary affairs, cryptocurrency exchange services, brokerage services, financial consultancy and, advisory services in India. It is submitted that it has investors and stakeholders from across the globe.
14. The case of the Plaintiff is that the initial business which was commenced by the Plaintiff in 2020 was called "Letskrypto". The same was a platform for buying, selling, trading and, transferring cryptocurrencies. Thereafter, in 2022, the Plaintiff developed a cryptocurrency exchange platform under the mark/name 'BRINE' with the following logo:
15. The Plaintiff's mark has also been registered bearing registration no. 5369358 under Class 36.
16. It is the case of Plaintiff that Defendant No.5 - Mr. Shaaran CS(COMM) 855/2023 Page 3 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 04/12/2023 at 23:43:47 Lakshminarayanan who was one of the co-founders of the Plaintiff company is attempting to hijack the entire business of Plaintiff under an identical mark 'BRINE' by floating a company in British Virgin Islands, namely, BRS Tech Services Ltd. It is submitted that he is aided by other former employees' of the Plaintiff i.e. Defendant Nos. 3 and 4
17. According to the Plaintiff, it apprehends the Defendants may be involved in unlawful and illegal activities as the Plaintiff has received notices from various authorities for enquiry/investigation. Thus, urgent relief is sought.
18. Considering the nature of the matter, issue notice and summons to the Defendants at the various email addresses mentioned in the memo of parties.
19. List before the Roster Bench for consideration of interim relief on 5th December, 2023.
20. List before the Joint Registrar on 1st February, 2024.
PRATHIBA M. SINGH, J.
DECEMBER 01, 2023 Rahul/kt CS(COMM) 855/2023 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 04/12/2023 at 23:43:47