Delhi High Court - Orders
Quantum Page Pvt. Ltd. & Anr vs Godaddy.Com. Llc & Ors on 27 September, 2023
Author: C.Hari Shankar
Bench: C. Hari Shankar
$~33
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CS(COMM) 921/2022
QUANTUM PAGE PVT. LTD. & ANR. ..... Plaintiffs
Through: Mr. Raunaq Kamath and Mr.
Rahul Bajaj, Advs.
versus
GODADDY.COM. LLC & ORS ...... Defendants
Through: Mr. Mrinal Ojha, Mr. Debarshi
Dutta, Mr. Anand Raja and Ms. Tanya
Chaudhary, Advs. for Defendant 1
Mr. Kirtiman Singh, CGSC with Mr. Waize
Ali Noor and Ms. Shreya V. Mehra, Advs.
for Defendants 4 and 5
Mr. Arjun Mahajan, SPC with Ms. Neha
Raj, Adv. for UOI
CORAM:
HON'BLE MR. JUSTICE C. HARI SHANKAR
ORDER
% 27.09.2023 I.A. 19020/2023 (Order XXXIX Rule 2A of the CPC)
1. This is an application by the plaintiffs under Order XXXIX Rule 2A of the Code of Civil Procedure, 1908 (CPC), alleging contumacious disobedience, by Defendant 3 Wix.Com Ltd. (as per the amended memo of parties), of the directions contained in the order darted 3 July 2023, passed by this Court, to the extent it directs locking or suspending of the domain name aktureference.com, of which Defendant 3 is the domain name registrar.
2. The application avers that, despite the order passed by this CS(COMM) 921/2022 Page 1 of 3 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 04/10/2023 at 20:32:12 Court having been brought to the notice of Defendant 3, the said defendant has refused to comply with it. Reliance is placed on the following e-mail, addressed by Defendant 3 to learned Counsel for the plaintiffs:
"Taylor (Wix Support) September 6, 2023 5:26 AM (UTC-04:00) Hi, Thank you for your email.
As we have already mentioned, in order for us to comply with your request, we ask that you please provide us with a court order/injunction instructing Wix to remove the site. The current document you are sending us, is not addressed to Wix, therefore we will not be proceeding with your request. Please send us a document which is addressed to Wix.com and clearly instructs us to remove the site in question. Feel free to contact us with any additional questions you may have. Kind Regards, Taylor | Wix Customer Care"
3. A prima facie case of disobedience, by Defendant 3, of the order passed by this Court is made out. However, before passing any order on this application, I deem it appropriate to afford Defendant 3 an opportunity to respond.
4. Accordingly, issue notice to Defendant 3, returnable before the Court on 18 October 2023. Notice may be served at the e-mail ID from which Defendant 3 communicated with the plaintiffs on 6 September 2023.
CS(COMM) 921/2022 Page 2 of 3This 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 04/10/2023 at 20:32:12
5. Reply, if any, be filed by Defendant 3 within a period of two weeks with advance copy to learned Counsel for the plaintiffs, who may file rejoinder thereto, if any, before the next date of hearing.
6. Let a copy of this order be also annexed with the notice sent to Defendant 3.
7. In the meanwhile, Defendants 4 and 5 are directed to block access, in India, to the website, related to the domain name aktureference.com, within a period of three days from today.
C.HARI SHANKAR, J SEPTEMBER 27, 2023 rb CS(COMM) 921/2022 Page 3 of 3 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 04/10/2023 at 20:32:13