Delhi High Court - Orders
Asian Paints Limited vs Ajeet Kumar And Others on 23 November, 2023
Author: Prathiba M. Singh
Bench: Prathiba M. Singh
$~56
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CS(COMM) 420/2023, I.As. 11319/2023, 11657/2023, 11884/2023,
15278/2023, 15280/2023, 23375/2023, 23376/2023, 23377/2023
ASIAN PAINTS LIMITED ..... Plaintiff
Through: Mr. Prithvi Singh, Mr. Shiv
Mehrotra, Advs. (M. 9650260265)
versus
AJEET KUMAR AND OTHERS ..... Defendants
Through: Mr. Dileep Poolakkot & Mr. Shivam
Sai Advs. for Federal Bank (M.
9868816661)
Mr. Parva Khare Adv D-9,11 & 35
(M. 9987115749)
Ms. Samridhi Sachdeva, Adv. D 15
(M. 8130655528)
Mr. Harish Vaidyanathan Shankar,
CGSC, with Mr. Srish Kumar
Mishra, Mr. Alexander Mathai
Paikaday & Mr. Krishnan V. Advs.
for MEITY & DOT (M.
9810788606)
Mr. Arjun Basra, Adv. Proxy for
Ms. Hetu Arora Sethi, ASC GNCTD
(M. 9971690867)
Mr. Aditya Nayyar, and Ms. Aashna
Agarwal, Advs. for D-30. (M:
7066935889)
Mr. Mrinal Ojha, Mr. Debarshi
Datta, Ms. Tanya Chaudhry, Adv.
for D-8. (M: 9654436678)
PSI Digambar Kurkute, Cyber Cell,
Oshiware, Police Station
CORAM:
JUSTICE PRATHIBA M. SINGH
ORDER
% 23.11.2023 CS(COMM) 420/2023 Page 1 of 8 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 28/11/2023 at 22:36:59
1. This hearing has been done through hybrid mode. I.A.23377/2023 (for exemption)
2. This is an application filed by the Plaintiff seeking exemption from filing Original/certified/translated copies of documents with proper margins, etc. 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, the application is disposed of.
I.A. 23376/2023 (exemption from advance service to the Defendants)
4. In view of the fact that the Plaintiff has sought ex parte ad-interim injunction, the exemption from advance service to the Defendants is granted.
5. Application is disposed of CS(COMM) 420/2023, I.As. 11319/2023, 11657/2023, 11884/2023, 15278/2023 & 15280/2023
6. The present suit, initially, was instituted against 30 Defendants. However, vide order dated 16th August, 2023, further parties were impleaded, and the suit currently has 42 Defendants.
7. At the outset, on behalf of the Defendant No.11-Top Level Domains LLC, it is submitted that the costs imposed of Rs.50,000/- vide order dated 10th November, 2023 has been deposited. In addition, it is submitted by ld. Counsel for Defendant No. 11 that the services of Defendant No.11 have also been restored. He further clarifies the details of the Grievance Officer, of the Defendant No.11. The requisite details of the said Grievance Officer is as under:
CS(COMM) 420/2023 Page 2 of 8This 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 28/11/2023 at 22:36:59 Mr. Prabhat Kamat [email protected] M: 022-67209095
8. The above submissions are taken on record.
9. List before Joint Registrar on 8th January, 2024.
10. List before Court on 21st March, 2024.
I.A. 23375/2023 (u/O I R 10 CPC with O. XXXIX R1 &2 CPC)
11. This is an application filed by the Plaintiff seeking further impleadment of fraudulent domain names and websites which are operating and collecting huge amounts of money under the grab of offering Asian Paints dealership and franchisees. The banks, who are the service providers of the bank accounts of such websites, are also proposed to be impleaded as Defendants in the present case. The websites and the mobile numbers which are being used for perpetuating such fraudulent activities are as under:
I. www.asianpaintspartner.com M: 9040930981 II. www.asianpaintsdealerships.co M:9038731266 III. www.asianpaintsdealer.com M:8961301451
12. Ld. Counsel for the Plaintiff has taken the Court through various documents to show how substantial sums of money are being collected through these websites and mobile numbers. A perusal of the record would show that several transactions have been entered into, wherein large amount of money has been paid to the bank accounts of these websites or have been received through their mobile numbers as stated above. The transactions are set out hereinbelow:
CS(COMM) 420/2023 Page 3 of 8This 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 28/11/2023 at 22:36:59 "-21st September, 2023 - INR 24,999 through UPI to Account No. 19180100037141 at Federal Bank, Santa Cruz, Kalina, Mumbai (Mr. Amit Ghosh)
- 03rd October, 2023 - INR 24,999 through NEFT to Account No. 19180100037141 at Federal Bank, Santa Cruz, Kalina, Mumbai (Mr. Parag Dubepatil)
- 03rd October, 2023 - INR 2,00,000 through NEFT to Account No. 19180100037141 at Federal Bank, Santa Cruz, Kalina, Mumbai (Mr. Parag Dubepatil)
- 05th October, 2023 - INR 3,00,000 through RTGS into Account No. 19180100037141 Federal Bank, Santa Cruz, Kalina, Mumbai. (Mr. Parag Dubepatil)
- 06th October, 2023 - INR 2,75,000 through RTGS into Account No. 99980121353663 Federal Bank, Santa Cruz, Kalina, Mumbai (Mr. Parag Dubepatil)
- 18th October - INR 25,500 into Account No. 425802010115841, Union Bank of India, Santa Cruz, Kalina, Mumbai (Mr. Rohit Tilakchand Lilhare)
- 21st October - INR Rs 1,50,000 into Account No. 425802010115841, Union Bank of India, Santa Cruz, Kalina, Mumbai and Account No. 50100646343347, HDFC Bank, Shanti Nagar, Mumbai (Mr. Rohit Tilakchand Lilhare)
- 24th October - INR Rs 1,80,000 into Account No. 425802010115841, Union Bank of India, Santa Cruz, Kalina, Mumbai and Account No. 50100646343347, HDFC Bank, Shanti Nagar, Mumbai (Mr. Rohit Tilakchand Lilhare)
- 30th October, 2023 - INR 24,999 into Account No. 18120100084124 Federal Bank, Santa Cruz, Kalina, Mumbai (Mr. Shyamdhar Pandey)
- 01st November, 2023 - INR 2,00,000 into Account No. 18120100084124 Federal Bank, Santa Cruz, Kalina, Mumbai (Mr. Shyamdhar Pandey)
- 02nd November, 2023 - INR 24,999 into Account No. 60462241546 Bank of Maharashtra, Santa Cruz, Kalina, Mumbai (Mr. Sarthar Mohideen)
- 03rd November, 2023 - INR 2,00,000 through RTGS CS(COMM) 420/2023 Page 4 of 8 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 28/11/2023 at 22:36:59 into Account No. 60462241546 Bank of Maharashtra, Santa Cruz, Kalina, Mumbai (Mr. Sarthar Mohideen)
- 02nd November, 2023 - INR 49,500 into Account No. 01410110048498 UCO Bank, Santa Cruz, Kalina, Mumbai (Mr. Hemant Krishnagopal Rathi)
- 08th November, 2023 - INR 3,30,000 into Account No. 01410110048498 UCO Bank, Santa Cruz, Kalina, Mumbai (Mr. Hemant Krishnagopal Rathi)"
13. As per the averments in the application, gullible persons have been made to part with their money, who thereafter realised that the websites were fake. Aggrieved by the illegal and unlawful collection of money, through such fake websites, the said individuals complained to the Plaintiff leading to the filing of the present application.
14. The Court has perused the documents. It is clear that repeated cases are being filed in similar circumstances, where it is noticed that amounts are being collected by websites through their bank accounts by giving the name of the Plaintiff as the account holder. But such accounts, in fact, stand in some third party's name. This issue has been repeatedly flagged even to the Reserve Bank of India, and detailed orders have been passed in such Domain Name cases i.e., Dabur India Ltd. v. Ashok Kumar & Ors., 2023:DHC:3798.
15. However, insofar as the present case is concerned, considering that substantial number of individuals are being duped to part with large sums of money, the impleadment is allowed.
16. The amended memo of parties be placed on record impleading the proposed Defendants as Defendant Nos. 43 to 49. The injunction order already granted is extended to these domain names and websites. The concerned DNRs of the above domain names shall block and suspend the CS(COMM) 420/2023 Page 5 of 8 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 28/11/2023 at 22:36:59 said domain names. The various ISPs and telecom service providers (TSPs) are directed to suspend access to the above three domain names/websites.
17. Defendant No.27-Bharti Airtel shall disclose the KYC details of the mobile no. +91 9040930981 as also under whose name the phone number is registered. Defendant No. 27 shall also provide the KYC details to Ms. Hetu Arora Sethi, ld. Counsel appearing for the Delhi Police.
18. Defendant No.24-DoT shall also block the following telephone numbers +91 9040930981, +91 8066187131, +91 7327927432, +91 8421592584, +91 8235063423, +91 8342018915, +91 9038731266, +91 8961301451 and +22 4148387.
The concerned telecom service providers of these numbers are directed to disclose the KYC details of the persons, in whose name the above phone numbers have been registered, to the Plaintiff as also to Ms. Hetu Arora Sethi, ld. Counsel for the Delhi Police.
19. The Federal Bank-Defendant No.12 is directed to disclose the KYC details of the following bank accounts:
Account Nos.
19180100037141, CS(COMM) 420/2023 Page 6 of 8 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 28/11/2023 at 22:36:59 18120100084116, 18120100084124 and, 99980121353663
20. The Bank of Maharashtra- Defendant No. 31 is directed to disclose the KYC details of the following bank account:
Account No. 60462241546.
21. The Union Bank of India- Defendant No. 47 is directed to disclose the KYC details of the following bank account:
Account No. 425802010115841
22. The HDFC Bank- Defendant No. 48 is directed to disclose the KYC details of the following bank account:
Account No. 50100646343347
23. The UCO Bank- Defendant No. 49 is directed to disclose the KYC details of the following bank accounts:
Account No. 01410110048498
24. Compliance of Order XXXIX Rule 3 CPC, 1908 be done by email within a week.
25. It is made clear that the orders passed against TRAI order dated 2nd June, 2023 and order dated16th August, 2023 directing them to suspend mobile numbers shall now be given effect by the Defendant No. 24- DoT/MeiTy. Mr. Harish V. Shankar, ld. Counsel accepts notice for DoT and undertakes to communicate to his client to give effect to the order.
26. Ld. Counsel for the Defendant No. 22- Central Bank of India submits that the account details provided by the Plaintiff are incorrect. Let the correct details be provided by the counsel for ld. Plaintiff within a week to ld. Counsel for the Central Bank of India.
CS(COMM) 420/2023 Page 7 of 8This 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 28/11/2023 at 22:36:59
27. Ld. Counsels for all the banks be provided a copy of today's application, so that they can give effect to the orders passed today.
28. Various banks have submitted that they have filed affidavits in terms of 16th August 2023. Some affidavits are on record, however, not all the affidavits are on record.
29. List before the Joint Registrar for the Counsels to ensure that all their respective affidavits come on record, on 8th January, 2024.
30. List before Court on 21st March, 2024.
PRATHIBA M. SINGH, J.
NOVEMBER 23, 2023 dj/ks CS(COMM) 420/2023 Page 8 of 8 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 28/11/2023 at 22:37:00