Delhi High Court - Orders
Quantum Page Pvt. Ltd. & Anr vs Godaddy.Com. Llc & Ors on 12 February, 2024
$~23
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CS(COMM) 921/2022
QUANTUM PAGE PVT. LTD. & ANR. ..... Plaintiffs
Through: Mr. Rahul Bajaj, Adv.
versus
GODADDY.COM. LLC & ORS. ..... Defendants
Through: Mr. Mrinal Ojha, Mr. Debarshi Dutta
and Ms. Tanya Chaudhary, Advs. for
D-1
Ms. Pallavi Singh Rao, Mr. Shatrajit
Banerji and Ms. Meghna Bhaskar,
Advs. for D-3
CORAM:
HON'BLE MR. JUSTICE ANISH DAYAL
ORDER
% 12.02.2024 I.A. 3313/2024 (under Order VI Rule 17 CPC)
1. This application has been filed by the plaintiffs seeking amendment of the plaint which is necessitated in the circumstance of developments that occurred post-filing of the original plaint, which are as under:
I. Deletion of original defendant nos.1 to 3, which has necessitated re-
arrangement of defendants, in that the original defendant nos.4 to 9 are now defendant nos.1 to 6;
II. Plaintiffs came across four additional websites which were also infringing their copyrights. By order dated 22nd November, 2023 passed by this Court, new defendant no.1 GoDaddy.com LLC was directed to lock and suspend the domain names and provide details of 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 19/02/2024 at 20:46:33 the registered users; counsel for defendant no.1 GoDaddy.com LLC states that the said directions have been duly complied with and they have placed on record affidavit of compliance in this regard. III. Additional websites were arrayed though an amended memo of parties.
Accordingly, after the amended memo of parties, the defendants have been arrayed as under; Defendant nos. 4 and 5 were directed to issue directions to internet service providers to block access to additional websites:
a. Defendant No. 1: GoDaddy.com LLC b. Defendant No. 2: Amazon Registrar, Inc. c. Defendant No. 3: Wix.com Ltd. d. Defendant No. 4: Department of Telecommunications e. Defendant No. 5: Ministry of Electronics and Information f. Technology g. Defendant No. 6: Ashok Kumar/John Doe h. Defendant No. 7: www.aiemd.org i. Defendant No. 8: www.examtrix.com j. Defendant No. 9: www.pdffile.co.in k. Defendant No. 10: www.pdfseva.com
2. The plaintiff therefore seeks to amend the plaint in order to reflect developments post filing of the suit. Further, the counsel for the plaintiffs has also pointed out that they seek additional relief of "dynamic injunction"
considering that there is continued infringement of plaintiffs' copyrights.
3. Counsels appearing on behalf of defendant no.3 states that the additional relief sought by the plaintiffs qua them, may not be sustainable. Counsels appearing on behalf of defendant no.1 also raises an issue relating 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 19/02/2024 at 20:46:33 to the additional relief of "dynamic injunction" sought in the amended plaint.
4. However, these are issues which have to be adjudicated at the stage of the suit proceedings. At this stage, the only issue relates to amendment of the plaint, to which counsels appearing for defendant no.1 and defendant no.3 have no objection. In any event, the above facts and circumstances, the application is allowed.
5. Amended memo of plaint be taken on record.
6. Application stands disposed of.
CS(COMM) 921/2022
1. Let the amended plaint be registered as a suit.
2. Upon filing of process fee, issue summons to all the defendants, including newly impleaded defendant nos. 7 to 10, by all permissible modes. Written statements be filed by the defendants within 30 days from the date of receipt of summons. Along with the written statements, the defendants shall also file affidavit(s) of admission/denial of the documents of the plaintiffs, without which the written statement shall not be taken on record.
3. Liberty is given to the plaintiffs to file a replications within 30 days of the receipt of the written statements. Along with the replication, if any, filed by the plaintiffs, affidavit(s) of admission/denial of documents filed by the defendants, be filed by the plaintiffs, without which the replication(s) shall not be taken on record. If any of the parties wish to seek inspection of any documents, the same shall be sought and given within the timelines.
4. List before the Joint Registrar on 01st May, 2024, the date already fixed.
5. It is made clear that any party unjustifiably denying documents would be liable to be burdened with costs.
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 19/02/2024 at 20:46:34 I.A.23260/2023 (under Order XXXIX Rule 1 & 2 CPC)
1. On plaintiffs taking steps, issue notice of this application to the newly impleaded defendant nos. 7 to 10, through all permissible modes, returnable on the next date.
2. List for completion of pleadings and further proceedings before the Joint Registrar (Judicial) on 1st May, 2024, the date already fixed.
3. Order be uploaded on the website of this Court.
ANISH DAYAL, J FEBRUARY 12, 2024/sm 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 19/02/2024 at 20:46:34