Delhi High Court - Orders
Gujarat Cooperative Milk Marketing ... vs Sujay Kumar & Ors on 13 May, 2022
Author: Prathiba M. Singh
Bench: Prathiba M. Singh
Signature Not Verified
Digitally Signed
By:DEVANSHU JOSHI
Signing Date:17.05.2022
13:01:38
$~4 & 5
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CS(COMM) 45/2021 & I.As. 1353/2021, 9877-78/2021, 12932/2021
GUJARAT COOPERATIVE MILK MARKETING FEDERATION
LTD & ANR. ..... Plaintiffs
Through: Mr. Abhishek Singh, Mr. Jamal
Anand, Mr. Elvin Joshy, Ms. Kirtika
Chhatwal, Advocates (M-
9910291290)
versus
SUJAY KUMAR & ORS. ..... Defendants
Through: Ms. Smriti Sinha, Ms. Vasundhara
Nagrath, Advocates for D-1 (M-
9810319192)
Mr. Kapil Sibal, Sr. Advocate with
Mr. Ajit Warrier, Mr. Gauhar Mirza,
Ms. Ainee Rana, Ms. Nandita, Mr.
Yash Karunakaran & Mr. Vishesh
Sharma, Advocates for D-2/ Meta
Platforms (M-9910014062)
Mr. Deepak Gogia & Mr. Aadhar
Nautiyal, Advocates for D-3/Twitter
(M-9205109664)
Mr. Neel Mason, Mr. Vihan Dang,
Mr. Shivam Sharma & Mr. Parva
Khare, Advocates for D-6/Google
LLC.
Mr. Arvind Nigam, Sr. Advocate with
Mr. Aditya Gupta, Mr. Abhilasha
Nautiyal, Ms. Aishwarya Kane & Mr.
Sauhard Alung, Advocates for Google
Ireland (M-9425341404)
5 AND
+ CS(COMM) 273/2021 & I.As. 4185/2022, 7539/2022
GUJARAT COOPERATIVE MILK MARKETING FEDERATION
LTD & ANR. ..... Plaintiffs
Through: Mr. Abhishek Singh, Mr. Jamal
Anand, Mr. Elvin Joshy, Ms. Kirtika
CS(COMM) 45/2021 & CS(COMM) 273/2021 Page 1 of 5
Signature Not Verified
Digitally Signed
By:DEVANSHU JOSHI
Signing Date:17.05.2022
13:01:38
Chhatwal, Advocates.
versus
RISHABH KAUSHAL & ORS. ..... Defendants
Through: Ms. Vasundhara Nagrath, Advocate
for D-1 (M-9810319193)
Mr. Kapil Sibal, Sr. Advocate with
Mr. Ajit Warrier, Mr. Gauhar Mirza,
Ms. Ainee Rana, Ms. Nandita, Mr.
Yash Karunakaran & Mr. Vishesh
Sharma, Advocates for D-2/ Meta
Platforms.
Mr. Neel Mason, Mr. Vihan Dang,
Mr. Shivam Sharma & Mr. Parva
Khare, Advocates for D-6/Google
LLC (M-9911983636)
CORAM:
JUSTICE PRATHIBA M. SINGH
ORDER
% 13.05.2022
1. This hearing has been done through hybrid mode. I.A. 7539/2022 (for condonation of delay) in CS(COMM) 273/2021
2. This is an application seeking condonation of delay in filing the amended plaint. For the reasons stated in the application, the delay is condoned.
3. I.A.7539/2022 is disposed of.
I.A. 4185/2022 in CS(COMM) 273/2021
4. This is an application filed on behalf of Defendant No.1-Mr. Rishabh Kumar seeking permission to participate in the proceedings. He has been allowed to participate today and his statement has also been recorded. Accordingly, order dated 14th December, 2021, wherein Defendant No.1 was proceeded ex-parte, is recalled. Defendant No.1 is permitted to participate in the proceedings.
CS(COMM) 45/2021 & CS(COMM) 273/2021 Page 2 of 5 Signature Not Verified Digitally Signed By:DEVANSHU JOSHI Signing Date:17.05.2022 13:01:385. I.A.4185/2022 is disposed of.
I.A. 9878/2021 (u/O I Rule 10 CPC) & I.A.12932/2021 (seeking amendment of plaint) in CS(COMM) 45/2021
6. I.A.9878/2021 is an application seeking impleadment of Mr. Pratul Hora through his Facebook account. Mr. Abhishek Singh, ld. Counsel for Plaintiff seeks time to file an amended memo, in view of the Basic Subscriber Information ("BSI") furnished by Defendant No.2-Meta in respect of the Facebook account of Mr. Pratul Hora.
7. Mr. Pratul Hora shall be properly impleaded as Defendant No.4, in terms of the BSI received, and the amended plaint be placed on record. The amended memo of parties which shall now be filed shall contain the proper details of Mr. Pratul Hora. Let the Registry issue summons and notices to Mr. Pratul Hora as per the proposed amended memo of parties.
8. The other proposed Defendants i.e., WIDEOPEN and Google LLC are impleaded in the present suit as Defendant Nos.5 and 6 respectively.
9. List on 22nd August, 2022.
CS (COMM) 45/2021 & CS (COMM) 273/2021
10. Mr. Kapil Sibal, ld. Senior Counsel appears for Defendant No.2- Meta Platforms Inc. (formerly known as Facebook Inc.) and submits that the order dated 19th April, 2022 passed by this Court in CS (COMM) 273/2021 has been complied with by Meta.
11. Vide order dated 15th March, 2022 in CS (COMM) 273/2021, the following directions were issued:
"4. In view of the aforesaid, the Plaintiff is permitted to inform the social media websites who are parties in this case about the URLs with the infringing videos/images containing the products/trademark of CS(COMM) 45/2021 & CS(COMM) 273/2021 Page 3 of 5 Signature Not Verified Digitally Signed By:DEVANSHU JOSHI Signing Date:17.05.2022 13:01:38 the Plaintiff. Upon the information being given, including the URLs of the said videos/images etc., the Defendants 2 to 6 shall take steps to delete/take down the said URLs and videos/images within 36 hours. It is clarified that even if the videos/images complained of by the Plaintiffs of which information may be given to the Defendants 2 to 6, are not identical but are parts of the offending video/images of Defendant no.l, with the same theme that stands injuncted by this Court and the products of the Plaintiff are referred to or displayed in the said videos/images, the same shall be taken down."
12. It is made clear that the expression 'same theme' used in the above paragraph relates to any advertisements, videos or content which targets the Plaintiff, its brand 'AMUL', the mascot or any founder/promoter of the Plaintiff, etc. in the context of animal cruelty. If any such objectionable content is found and the Plaintiff communicates the details of the URLs to Meta, Google, Twitter or any other intermediaries including through counsel, the same shall be taken down by the intermediaries, within a period of 36 hours. If for any reasons, the said URLs are not taken down and the request of the Plaintiff is not acceded to, the Plaintiff is permitted to avail of its remedies, in accordance with law.
13. Insofar as the impleadment of Google Ireland as directed vide order dated 19th April, 2022 in CS (COMM) 45/2021 is concerned, Mr. Arvind Nigam, ld. Senior Counsel appearing for Google Ireland submits that the said company has not been impleaded as the Defendant in the said suit. It is made clear that paragraph 9 of the said order dated 19th April, 2022 shall be treated as notice to Google Ireland for impleadment as proposed Defendant No.7 in CS (COMM) 45/2021. Mr. Nigam submits that Google Ireland has entered appearance without prejudice to its rights.
CS(COMM) 45/2021 & CS(COMM) 273/2021 Page 4 of 5 Signature Not Verified Digitally Signed By:DEVANSHU JOSHI Signing Date:17.05.2022 13:01:3814. Google Ireland is permitted to file its reply, within four weeks. Rejoinder thereto, if any, be filed, within four weeks thereafter. In the said reply to be filed by Google Ireland, the exact legal status of Google Ireland and whether it is a subsidiary of Google LLC shall be stated. This shall be without prejudice to the submission of Google Ireland that it is not submitting to the jurisdiction of this Court.
15. Let the amended plaints be brought on record and served upon all the Defendants, including Defendant No.1. All Defendants who wish to file the written statement, shall file the written statement, strictly in accordance with the timelines as prescribed under the Commercial Courts Act, 2015.
16. List before the Joint Registrar, on the date already fixed.
17. List on 22nd August, 2022.
18. These shall be treated as part-heard matters.
PRATHIBA M. SINGH, J.
MAY 13, 2022 Rahul/AD CS(COMM) 45/2021 & CS(COMM) 273/2021 Page 5 of 5