Delhi High Court - Orders
Gujarat Cooperative Milk Marketing ... vs Amul-Franchise.In & Ors on 25 March, 2022
Author: Prathiba M. Singh
Bench: Prathiba M. Singh
Signature Not Verified
Digitally Signed
By:DEVANSHU JOSHI
Signing Date:29.03.2022
06:20:55
$~18
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CS (COMM) 350/2020
GUJARAT COOPERATIVE MILK MARKETING FEDERATION
LTD & ANR. ..... Plaintiffs
Through: Mr. Abhishek Singh, Mr. J. Amal
Anand, Ms. Kirtika Chhatwal and Mr.
Elvin Joshy, Advocates.
(M:9910291290)
versus
AMUL-FRANCHISE.IN & ORS. ..... Defendants
Through: Mr. Darpan Wadhwa, Sr. Advocate
with Mr. Noazzam Khan, Advocate
for D-26. (M:9987115749)
Ms. Shweta Sahu and Mr. Brijesh
Ujjainwal, Advocates for D-27, 28 &
30. (M:9987115749)
Mr. Praveen Kumar Jain, Advocate
for D-37.
Mr. Neel Mason, Mr. Vihan Dang,
Mr. Shivang Sharma and Mr. Parva
Khare, Advocates for D-52.
(M:9911983636)
Mr. Anil Soni, CGSC with Mr.
Devesh Dubey, Advocate for UOI.
CORAM:
JUSTICE PRATHIBA M. SINGH
ORDER
% 25.03.2022
1. This hearing has been done through hybrid mode. I.As.1001/2021 & 4639/2021 (for delay)
2. These are applications seeking condonation of delay of 88 days on behalf of Defendant No.26 and 125 days on behalf of Defendant No.27, in filing the written statements. For the reasons stated in the applications and in CS (COMM) 350/2020 Page 1 of 8 Signature Not Verified Digitally Signed By:DEVANSHU JOSHI Signing Date:29.03.2022 06:20:55 view of the orders passed by the Supreme Court in In Suo Motu Writ (Civil) No.3 of 2020 titled In Re: Cognizance for Extension of Limitation the Supreme Court, the respective delay of 88 and 125 days in filing the written statements are condoned.
3. I.As.1001/2021 & 4639/2021 are disposed of. I.As.9019/2020, 9599/2020, 10331/2020 & 8592/2021 (all u/O I Rule 10 CPC)
4. These are applications filed by the Plaintiffs seeking impleadment of further parties, which have registered domain names bearing the trademark 'AMUL'. Further bank accounts have also been opened by the said entities using the domain names. Vide order dated 25th August, 2021, this Court, in the application being I.A.8592/2021, had directed the freezing of bank accounts belonging to the said domain names and Defendant No.30 was directed to disable/suspend/block the website www.amulhub.com and the Defendant No.58 was directed to suspend/block the website www.amul.in.net. Notice was issued in the said application. The operative portion of the said order dated 25th August, 2021, reads as under:
"4. It would be in the interest of justice that such activities are halted so that no innocent member of the public is duped into making payment in those accounts based on the fraudulent promises being held out.
5. Accordingly, the concerned banks are directed to freeze the following bank accounts:
(i) Account No.: 3041000101494373 IFSC Code: PUNB0100800 Branch Name: Anand, Gujarat Bank Name: Punjab National Bank;
(ii) Account No: 2675101021014 IFSC Code: CNRB0000163 Branch name: Anand, Gujarat Bank Name: Canara Bank;CS (COMM) 350/2020 Page 2 of 8 Signature Not Verified Digitally Signed By:DEVANSHU JOSHI Signing Date:29.03.2022 06:20:55
(iii) Account No: 59126850380 IFSC Code: ALLA0211988 Branch name: ANAND, RRB Bank Name: Allahabad Bank;
(iv) Account No: 1158101026958, IFSC Code: CNRB0000163 Branch Name: ANAND, RRB Bank Name: Canara Bank; and
(v) Account No: 1630000100027682, IFSC Code: PUNB0163000 Branch Name: Purba, Medinipur Bank Name: Punjab National Bank.
6. Defendant No.30 is also directed to disable/suspend/block website www.amulhub.com. Similarly, proposed defendant No.58 is also directed to suspend/block website www.amul.in.net."
5. Ld. counsel appearing for the Plaintiff submits that the said order has been implemented by the concerned Registrar of Domain Names, however, the KYC details of the bank account holders have not been shared. Accordingly, the following directions are issued:
1. The following domain names shall be blocked/suspended immediately by the Registrars of the said Doman Names:
A. www.amulhub.com registered by BigRock Solutions Ltd.; B. www.amul.in.net registered by 101 Domains; C. www.amuldairyfarm.in, www.dairydistribution.in and www.amuldairydistributor.com and www.zeeawaj.com, registered by Defendant Nos.44 to 47; D. www.amulshopfranchise.online (Email: [email protected], Phone No. 9065013551) CS (COMM) 350/2020 Page 3 of 8 Signature Not Verified Digitally Signed By:DEVANSHU JOSHI Signing Date:29.03.2022 06:20:55 E. www.hostinger.com, (Address: Hostinger International Ltd., 61 Lordou Vironos Street 6023 Larnaca, Cyprus; Email ID: [email protected], [email protected])
2. The details of the registrants of the above stated domain names shall be disclosed by the respective Registrars of the said Domain Names, within three working days.
3. Similarly, Defendant No.52/Google LLC shall disclose the details of the owner of [email protected], to the Plaintiff, within three working days.
4. Insofar as the banks are concerned, the Bank Managers of the following banks are directed to give KYC details of the account holders of the accounts specified hereinbelow. The banks are not impleaded in the suit as parties, subject to disclosure by them of the names and KYCs of the following account holders, within two working days after receipt of the present order:
A. Bank Account No.: 7210000100061235 of Punjab National Bank, IFSC Code: PUNB0100800 MICR Code: 388024001 Branch Name: ANAND, GUJRAT Through:
The Branch Manager Punjab National Bank Desai Lane Station Road Anand, Gujarat - 388001. B. Bank Account: 6093000100034707 IFSC Code: PUNB06093000 (in the name of "AMUL Dairy Distribution") Branch Name: Juliasar, Rajasthan CS (COMM) 350/2020 Page 4 of 8 Signature Not Verified Digitally Signed By:DEVANSHU JOSHI Signing Date:29.03.2022 06:20:55 Through The Branch Manager Punjab National Bank Anjani Mata Road, Dabbali Dharamsala Juliasar Distt, Sikar Rajasthan 332318 Email: [email protected] C. Account No.: 3041000101494373 IFSC Code: PUNB0100800 Branch Name: Anand, Gujarat Bank Name: Punjab National Bank Through The Branch Manager Punjab National Bank Desai lane Station road Anand Gujarat - 388001 Email: [email protected] D. Account No: 2675101021014 Canara Bank, IFSC code: CNRB0000163 Branch Name: Anand Gujarat Through The Branch Manager Near Old Power House, Station Road, P B No.59, Anand, Gujarat - 388001 Email: [email protected] E. Account No: 59126850380, Allahabad Bank, IFSC Code: ALLA0211988 Branch Name: ANAND, RRB Through The Branch Manager CS (COMM) 350/2020 Page 5 of 8 Signature Not Verified Digitally Signed By:DEVANSHU JOSHI Signing Date:29.03.2022 06:20:55 Jai Laxmi Towers Ganesh Chaukdi, Anand Gujarat - 388001 Email: [email protected] F. Account No: 1158101026958, Canara Bank, IFSC Code: CNRB0000163 Branch Name: ANAND, RRB Through The Branch Manager Near Old Power House, Station Road, P B No.59, Anand, Gujarat - 388001 Email: [email protected] G. Account No: 1630000100027682, Punjab National Bank, IFSC Code: PUNB0163000 Branch Name: Purba, Medinipur Through The Branch Manager PO Nachipur, West Midnapore, West Bengal - 721133 Email: [email protected] H. Account No.: 3041000101494373 IFSC Code: PUNB0100800 Branch Name: Anand, Gujarat Bank Name: Punjab National Bank Through The Branch Manager Punjab National Bank Desai lane Station road Anand Gujarat - 388001 CS (COMM) 350/2020 Page 6 of 8 Signature Not Verified Digitally Signed By:DEVANSHU JOSHI Signing Date:29.03.2022 06:20:55 Email: [email protected] I. Account No: 2675101021014 Canara Bank, IFSC Code: CNRB0000163 Branch Name: Anand Gujarat Through The Branch Manager Near Old Power House, Station Road, P B No.59, Anand, Gujarat - 388001 Email: [email protected] J. Account No: 59126850380, Allahabad Bank, IFSC Code: ALLA0211988 Branch Name: ANAND, RRB Through The Branch Manager Jai Laxmi Towers Ganesh Chaukdi, Anand Gujarat - 388001 Email: [email protected] K. Account No: 1158101026958, Canara Bank, IFSC Code: CNRB0000163 Branch Name: ANAND, RRB Through The Branch Manager Near Old Power House, Station Road, P B No.59, Anand, Gujarat - 388001 Email: [email protected] L. Account No: 1630000100027682, Punjab National Bank, IFSC Code: PUNB0163000 CS (COMM) 350/2020 Page 7 of 8 Signature Not Verified Digitally Signed By:DEVANSHU JOSHI Signing Date:29.03.2022 06:20:55 Branch Name: Purba, Medinipur Through The Branch Manager PO Nachipur, West Midnapore, West Bengal - 721133 Email: [email protected].
6. The names and KYC details of the account holders of the bank accounts, registrants of the domain names and owners of the Gmail account, as specified above, shall be placed on record by the next date of hearing so that steps for impleadment of such parties may be taken.
7. Upon all the details being received, let the Plaintiff move an application to present a comprehensive amended memo of parties and the same be listed on the next date of hearing. After the amended memo of parties is considered by the Court and taken on record on the next date, the Registry shall issue notices and summons to the newly added Defendants.
8. All these four applications under Order I Rule 10 CPC i.e. I.As.9019/2020, 9599/2020, 10331/2020 & 8592/2021, are disposed of in the above terms.
CS (COMM) 350/2020 & I.A.7456/2020, 9343/2020, 9624/2020, 9629/2020, 996/2021
9. List on 25th April, 2022 along with the suit bearing No. CS(COMM) 135/2022 titled Dabur India Ltd. v. Ashok Kumar & Ors., in which similar issues are being adjudicated upon.
PRATHIBA M. SINGH, J.
MARCH 25, 2022/dk/ms CS (COMM) 350/2020 Page 8 of 8