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Delhi High Court - Orders

Kajaria Ceramics Limited vs Godaddy.Com Llc & Ors on 17 November, 2025

Author: Manmeet Pritam Singh Arora

Bench: Manmeet Pritam Singh Arora

                          $~45
                          *         IN THE HIGH COURT OF DELHI AT NEW DELHI
                          +         CS(COMM) 35/2022
                                    KAJARIA CERAMICS LIMITED                                                                 .....Plaintiff
                                                                  Through:            Mr. Abhishek Praharaj, Ms. Rima
                                                                                      Mahumdar, Ms. Deboleena Dutta &
                                                                                      Mrs. Bindra Rana, Advs.
                                                                  versus

                                    GODADDY.COM LLC & ORS.                                                                 .....Defendants

                                                                  Through:            Mr. Pradyumn Sharma, Adv. for D-1.
                                                                                      Dr. B. Ramasymany, CGSC for IFSO,
                                                                                      Delhi Police.
                                                                                      Mr. Santosh Kumar Rout, Adv. for D-
                                                                                      6.
                                                                                      Ms. Kruttika Vijay, Ms. Geetanjali
                                                                                      Visvanathan & Mr. Yash Raj, Advs.
                                                                                      for R-7.
                                                                                      Mr. Gautam Singhal, Mr. Rajat
                                                                                      Chauhdary & Ms. Aastha Vishnoi,
                                                                                      Advs. for proposed defendants no. 9
                                                                                      Mr. B.P. Singh, Adv. for D-11.

                          CORAM:
                          HON'BLE MS. JUSTICE MANMEET PRITAM SINGH ARORA
                                            ORDER

% 17.11.2025 I.A. 4738/2022 (under Order I Rule 10 CPC)

1. This is an application filed by the plaintiff for seeking impleadment of the alleged imposters. The said entities are sought to be impleaded as defendant nos. 5A, 5B, 5C, 5D, 5E, 5F, 5G and 5H.

2. Learned counsel for the plaintiff states that service on the proposed CS(COMM) 35/2022 Page 1 of 7 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 24/11/2025 at 20:53:11 defendant nos. 5A to 5G was duly attempted. He states that the proposed defendant no. 5H could not be served as the email address and mobile number provided are not valid. He states that the proposed defendant nos. 5A, 5B, 5C, 5E, 5F and 5G have been served.

3. He states that the service could not be affected on the proposed defendant no. 5H.

4. Learned counsel for the plaintiff states that he is only pressing for impleadment of 5A to 5G, and the plaintiff reserves his right to proceed against the registrant of the email address at 5H. In case better particulars become available in future.

5. Keeping in view the averments in the application and the fact that impleadment of proposed defendant nos. 5A to 5G is sought in pursuance of the order dated 17.01.2022, the application is allowed and alleged impostors are hereby impleaded as defendant nos. 5A to 5G.

6. The application vis-à-vis proposed defendant no. 5H is dismissed as withdrawn.

7. The amended memo of parties be filed within two (2) weeks.

I.A. 4541/2022

8. The captioned application was allowed vide order dated 04.07.2022 and Hosting Concepts B.V. d/b/a Open Provider and Reliance Jio Infocom Limited were impleaded as proposed defendant nos. 7 and 8 respectively. This application, therefore, stands disposed of vide order dated 04.07.2022.

9. However, learned counsel for the plaintiff states that, in view of the fact that the impugned domain name is not hosting any active infringing website currently, defendant no.7 and 8 can be deleted from array of parties.

10. In view of the oral submissions made by learned counsel for the CS(COMM) 35/2022 Page 2 of 7 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 24/11/2025 at 20:53:11 plaintiff, defendant nos. 7 and 8 are hereby deleted from the array of parties.

11. Amended memo of parties will be filed within two (2) weeks.

I.A. 48352/2024

12. This is an application filed by the Plaintiff seeking details of the registrant of the domain name kajariafranchise.com and details of the account holder with Indian Overseas Bank as enlisted in paragraph 7 of the captioned application. Para 7 reads as under:-

"7. It is most respectfully submitted that, on November 14, 2024 the Plaintiffs' officials received a correspondence from one Mr. Golla Hariramakrishna from Mahabubnagar, Telangana - 509127, purporting that while inquiring about a franchise for "Kajaria", he had filled an online application form and subsequently he was contacted by some unknown Imposters, under the garb of offering him a Kajaria Ceramics Ltd. franchise. From a bare perusal of the "Confirmation Letter" dated November 13, 2024 shared by the victim in this regard, it was revealed that the Imposters had asked him to deposit an amount of Rs. 25,600/- (Rupees TwentyFive Thousand Six Hundred Only) towards "Registration Fee" in the following bank account maintained with Indian Overseas Bank:
Account Holder's Name: Kajaria Ceramics Limited. Account No.: 236701000004231 IFSC: IOBA0001586 Branch: Okhla Industrial Area Further; through the aforesaid "Confirmation Letter", it was revealed that the Imposters have been using an email address, [email protected], in order to contact the existing consumers of the Plaintiff, as well as the general public and duping them CS(COMM) 35/2022 Page 3 of 7 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 24/11/2025 at 20:53:11 out of their hard-earned money, under the garb of providing them with a Kajaria Ceramics Ltd. franchise. Printout of the said "Confirmation Letter" dated December 03, 2024 is annexed herewith and marked as Document No. 2."

....

(Emphasis supplied)

13. He states that appropriate directions be issued to the Indian Overseas Bank and the concerned Domain Name Registrant (DNR) to provide the details of the account holder and registrant of the domain name, respectively.

14. Ms. Aastha Vishnoi, learned counsel, enters appearance on behalf of Indian Overseas Bank and states that the information prayed for will be provided within two (2) weeks. Indian Overseas Bank is directed to file its compliance affidavit within two (2) weeks.

15. The concerned Domain Name Registrant, SRS AB, is directed to provide the BSI details along with all relevant information with respect to the registrant of the domain name kajariafranchise.com to the plaintiff within two (2) weeks from receipt of the order.

16. Learned counsel for the plaintiff states that it is not pressing the relief for the impleadment of SRS AB and Indian Overseas Bank as defendant nos. 9 and 10, and is satisfied if the said entities furnish the requisite details. The statement is taken on record.

17. With the aforesaid directions, the application stands disposed of.

I.A. 49655/2024

18. This is an application filed by the plaintiff seeking details of the bank account number set out in para 7 of this application as well as the details of CS(COMM) 35/2022 Page 4 of 7 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 24/11/2025 at 20:53:11 the registrant of domain name tilesdealership.co.in. Paragraph 7 of the application reads as under:-

"7. It is most respectfully submitted that, on December 04, 2024 the Plaintiffs' officials received a correspondence from one Ms. Preeti Pandey from Lucknow, Uttar Pradesh - 226030, purporting that while inquiring about a franchise for "Kajaria", she had filled an online application form and subsequently she was contacted by some unknown Imposters, under the garb of offering her a Kajaria Ceramics Ltd. franchise. From a bare perusal of the "Confirmation Letter" dated December 03, 2024 shared by the victim in this regard, it was revealed that the Imposters demanded her to deposit an amount of INR. 25,600/- (Rupees Twenty-Five Thousand Six Hundred Only), towards "Registration Fee" in the following bank account maintained with the Bank of Maharashtra:
Account Holder's Name: Kajaria Ceramics Limited Account No.: 60504168216 IFSC: MAI-IB0002519 Branch:Okhla Industrial Area .......
9. That subsequently on December 05, 2024, while conducting an online survey, the Plaintiffs officials came across a fraudulent domain name, <tilcsdealership.co.in>. The said domain has been registered with the;

Domain Name Registrar, Endurance Digital Domain Technology Pvt. Ltd. It is submitted that the aforesaid fraudulent domain name leads to a fully active and interactive website, which is actively misusing and infringing the Plaintiffs' registered Kajaria marks and copyright, and the same is being used to dupe the general public by sending fraudulent franchise mails."

(Emphasis supplied) CS(COMM) 35/2022 Page 5 of 7 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 24/11/2025 at 20:53:11

19. He states that he is not pressing for the relief of impleadment of the Bank of Maharashtra and the DNR, Endurance Digital Domain Technology Private Limited and would be satisfied if these parties provide the requisite information.

20. Mr. B.P. Singh, learned counsel, appears on behalf of Bank of Maharashtra, states that he has already furnished the requisite particulars to the plaintiff; which is disputed by the plaintiff.

21. He is directed to re-serve a copy of the affidavit to the counsel for the plaintiff during the course of the day, and if any further information is sought by the learned counsel for the plaintiff in writing, the same be provided within two (2) weeks.

22. Similarly, DNR, Endurance Digital Domain Technology Private Limited, is also directed to provide all the available BSI details of the registrant domain name tilesdealership.co.in to the plaintiff within two (2) weeks from the receipt of this order.

23. With the aforesaid directions, the application is disposed of.

CS(COMM) 35/2022

24. The captioned suit was filed in the year 2022. The plaintiff is directed to proceed with the trial against the infringing defendants who have already been identified and impleaded.

25. It is made clear that if the plaintiff does not proceed to trial with the infringing defendants identified, this suit will be dismissed for non- prosecution.

CS(COMM) 35/2022 Page 6 of 7

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 24/11/2025 at 20:53:11

26. List on 24.12.2025 before the learned Joint Registrar (J).

27. List on 10.04.2026 before the Court.

MANMEET PRITAM SINGH ARORA, J NOVEMBER 17, 2025/ng/AJ CS(COMM) 35/2022 Page 7 of 7 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 24/11/2025 at 20:53:11