Delhi High Court - Orders
Montblanc Simplo Gmbh vs Montblancindia.Com & Ors on 25 September, 2020
Author: Rajiv Shakdher
Bench: Rajiv Shakdher
$~ 5
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CS(COMM) 732/2019 & I.A. Nos.18454/2019, 3865/2020
MONTBLANC SIMPLO GMBH .....Plaintiff
Through : Mr. Manish Biala, Mr. Devesh Ratan and
Mr. Ashutosh Upadhyaya, Advs.
versus
MONTBLANCINDIA.COM & ORS. .....Defendants
Through : Mr. Yajur Bhalla with Mr. Shubham Bhalla
and Mr. Deepak Samota, Advs. for D-2, 4 to
10.
Mr. Vakul Sharma, Adv. for D-
18/GoDaddy.com LLC
Mr. Dhawal Mohan with Mr. Vatsal Shah,
Advs. for D-24.
Mr. Madhusudan Bhayana, Adv. for D-25.
CORAM:
HON'BLE MR. JUSTICE RAJIV SHAKDHER
ORDER
% 25.09.2020 [Court hearing convened via video-conferencing on account of COVID-19]
1. Pursuant to the last order dated 11.08.2020, defendant no. 25 i.e. Deputy Commissioner of Police, South East District, Delhi, has, based on a complaint lodged by the plaintiff, registered an FIR against defendant nos. 2 to 10 and 19 to 21.
2. Mr. Madhusudan Bhayana, who appears for defendant no. 25, says that a status report was filed with the Registry of this Court on 24.09.2020 and that, in this behalf, he has been accorded the following diary no.:
834377/2020.CS(COMM) 732/2019 1/3 Signature Not Verified Digitally Signed By:VIPIN KUMAR RAI Signing Date:26.09.2020 11:39:01
2.1 However, the said status report is not on record. Since a copy of the FIR which is registered with Police Station Amar Colony was made available to the plaintiff, it has been shared on screen by Mr. Manish Biala, who appears for the plaintiff.
2.2 A perusal of the status report shows that the aforementioned FIR has been registered against defendant nos. 2 to 10 and 19 to 21 under Section 420, Indian Penal Code, 1860; Section 63, The Copyright Act, 1957; and Sections 103/104 of the Trade Marks Act, 1997. 2.3 Today, Mr. Yajur Bhalla enters appearance on behalf of defendant nos. 2 and 4 to 10.
2.4 Insofar as defendant no. 18 is concerned, the said defendant is represented by Mr. Vakul Sharma. Mr. Sharma states that the order dated 24.07.2020, passed by this Court, has been complied with by the said defendant. The statement made by Mr. Sharma is taken on record. 2.5 Likewise, defendant no. 24 is represented by Mr. Dhawal Mohan. I am informed by Mr. Mohan that in compliance with the orders passed by this Court, defendant no. 24 has frozen the following bank accounts of defendant nos. 1 and 3:
"(i) Account No. 10051335954 standing in the name of M/s Mont Group of Companies.
(ii) Account No. 10053301047 standing in the name of Richmont India.
(iii) Account No. 10051914806 standing in the name of Montblanc Vertu India."
2.6 The statement made by Mr. Mohan is taken on record.
CS(COMM) 732/2019 2/3 Signature Not Verified Digitally Signed By:VIPIN KUMAR RAI Signing Date:26.09.2020 11:39:012.7 Mr. Bhalla will file a written statement in the suit albeit within four weeks from today.
2.8 Liberty is, however, given to Mr. Bhalla to move an application under Order XXXIX Rule 4 of the CPC in view of the fact that the injunction order dated 24.02.2019 has already been confirmed by this Court vide order dated 23.06.2020 on account of failure of defendant nos. 1 to 10 to enter appearance in the matter despite service.
2.9 Since defendant nos. 2 and 4 to 10 are represented by Mr. Bhalla, he is directed to file an affidavit disclosing the identity of the said defendants. The affidavit will be accompanied by the defendants' identity documents. The affidavit will also indicate the permanent, residential and business address of the said defendants along with their email addresses. Let the needful be done within one week from today.
3. A copy of the aforementioned affidavit will be furnished to Mr. Biala via e-mail.
4. List the matter on 01.12.2020.
RAJIV SHAKDHER, J SEPTEMBER 25, 2020 pmc/KK Click here to check corrigendum, if any CS(COMM) 732/2019 3/3 Signature Not Verified Digitally Signed By:VIPIN KUMAR RAI Signing Date:26.09.2020 11:39:01