Delhi High Court - Orders
Pb Fintech Limited vs Policy Bazar Finance & Ors on 21 March, 2024
Author: Prathiba M. Singh
Bench: Prathiba M. Singh
$~28
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CS(COMM) 471/2020 and I.A. 9795/2020, 2961/2021, 2885/2022,
5509/2022, 15107/2022, 2939/2023, 10797/2023, 10798/2023,
22191/2023, 22192/2023, 22206/2023, 22207/2023, 2922/2024,
3172/2024, 3236/2024
PB FINTECH LIMITED ..... Plaintiff
Through: Mr. Kapil Wadhwa, Ms. Vasanthi
Hariharan, Ms. Surya Rajappan &
Ms. Tejasvini Puri, Advs. (M:
9891929028)
versus
POLICY BAZAR FINANCE & ORS. ..... Defendants
Through: Ms. Shweta Sahu & Mr. Parva Khare,
Advs. for D-9. (M: 84510 43583)
Mr. Shubhendu Anand, Adv. for D-
16. (M: 7827709253)
Mr. Rahul Bajaj, Adv. for D-42. (M:
9890281068)
Ms Anushka Sharda, Mr Madhav
Khosla, Ms Moha Paranjpe & Mr
Hardik Malik, Advs. for D63. (M:
9811039074)
Mr. V.K. Gupta, Adv. for Bank of
Maharashtra.
CORAM:
JUSTICE PRATHIBA M. SINGH
ORDER
% 21.03.2024
1. This hearing has been done through hybrid mode. I.A.22207/2023 & 22192/2023 (for exemption)
2. This is an application on behalf of the Plaintiff seeking exemption from advance service. For the reasons stated in the application, the CS(COMM) 471/2020 Page 1 of 6 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 26/03/2024 at 20:58:00 exemption from advance service to the Defendants is granted.
3. Applications are disposed of.
I.A.22206/2023 (for impleadment)
4. This is an application seeking impleadment of further domain names, which are violating rights of the Plaintiff. The said domain names are as under:
pbinsure.link - Defendant No.58
policy-bazar.com - Defendant No.59
5. The allegation is that that these domain names are being used by ghost websites and money is being collected as though they are connected with the Plaintiff. The said domain names are also impleaded as Defendant Nos. 58 and 59 in the suit.
6. Application is disposed of.
I.A.22191/2023 (for stay)
7. The interim injunction order dated 11th November, 2020 shall now operate against the Defendant Nos. 58 and 59 and directions qua these domain names shall now operate qua Defendant Nos. 9, 12 and 14-16 as well.
8. Issue notice to the said Domain Name Registrars. I.A.2922/2024 (u/O I Rule 10 CPC)
9. In view of the order passed on 9th February, 2024, this application is allowed and disposed of as impleaded as already been directed. I.A.3172/2024 (for stay)
10. Interim order dated 9th February, 2024 qua Defendant Nos.60 to 62 is made absolute during the pendency of the suit.
11. Application is disposed of.
CS(COMM) 471/2020 Page 2 of 6This 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 26/03/2024 at 20:58:00 I.A.3236/2024 (for summary judgment)
12. This is an application seeking summary judgment in respect of the Defendant No.1 to 8, 18 to 26, 29, 31 to 39. The details of the domain names are annexed as Annexure 1.
13. In respect of all these domain names, the Plaintiff is seeking transfer of these domain names in its favour. Accordingly, considering the fact that none of the registrants of these domain names have appeared and also bearing in mind the identity/similarity with the Plaintiff's marks Policy Bazar and its derivatives, it is directed that these domain names may now be transferred by the concerned Registrars to the Plaintiff, subject to payment of fee, if any. Upon the transfer being effected, the Plaintiff shall inform the Court on the next date as to if any further reliefs are being sought.
14. Mr. Bajaj, ld. Counsel clarifies that insofar as paisaloanbazaar.com i.e., Defendant No.36 is concerned, Hosting Concepts B.V. is no longer the DNR of these domain names. Accordingly, Plaintiff is free to approach the concerned DNR for transfer of this domain name.
15. List on 15th April, 2024.
CS(COMM) 471/2020 & I.As.9795/2020, 2961/2021, 2885/2022, 5509/2022, 15107/2022, 2939/2023, 10797/2023, 10798/2023
16. On behalf of Telegram, it is submitted that whenever any specific channels are pointed out to Telegram, it would block those relevant channels. Ld. Counsel for the Plaintiff submits that there is only has one telephone number i.e. 8949011848, on which the Telegram channel was being run by Defendant No. 61 and there is an additional channel run by Defendant No. 62, for which there is no telephone number provided.
CS(COMM) 471/2020 Page 3 of 6This 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 26/03/2024 at 20:58:01
17. If there are any other Telegram channels, of which the details are needed for the Plaintiff, the Plaintiff is free to seek the same, which shall be provided within one week after information is sought.
18. Insofar as Bank of Maharashtra is concerned, it is submitted by Mr. Gupta, ld. Counsel that the details of account number given qua Defendant No.57 appear to be incorrect.
19. Let the Plaintiff communicate the account details to Bank of Maharashtra, who shall, within two weeks, file the relevant affidavit giving all details of account holder, bank statement and KYC documents.
20. List on 15th April, 2024.
21. Earlier date of hearing i.e., 6th April, 2024 stands cancelled.
PRATHIBA M. SINGH, J.
MARCH 21, 2024/dk/bh CS(COMM) 471/2020 Page 4 of 6 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 26/03/2024 at 20:58:02 Annexure 1 S. Defendant/ Impugned Domain Domain Name No. Infringing Website Registrar/ Bank Operator/ Registrant
1. Defendant No. 1 policybazarfinance.com Defendant No. 9 (GoDaddy.com, LLC)
2. Defendant No. 2 paisabazarfinance.in Defendant No. 9 (GoDaddy.com, LLC)
3. Defendant No. 3 paisabazaarloanapply.com Defendant No. 9 (GoDaddy.com, LLC)
4. Defendant No. 4 agencybazaar.in Defendant No. 10 (Endurance Digital Domain Technology LLP)
5. Defendant No. 5 paisabaazaar.co.in Defendant No. 11 (Crazy Domains FZLLC)
6. Defendant No. 6 paisabazaras.com Defendant No. 12 (Hostinger, UAB)
7. Defendant No. 7 paisabazzarfinance.com Defendant No. 13 (BigRock Solutions Ltd.)
8. Defendant No. 8 policybazaarclub.com Defendant No. 9 (GoDaddy.com, LLC)
9. Defendant No. 18 paisabazar-analytics.com Defendant No. 9 (GoDaddy.com, LLC)
10. Defendant No. 19 termpolicybazaar.com Defendant No. 9 (GoDaddy.com, LLC)
11. Defendant No. 20 paisabazaarworld.in Defendant No. 9 (GoDaddy.com, LLC)
12. Defendant No. 21 newpolicybazaar.com Defendant No. 9 (GoDaddy.com, LLC)
13. Defendant No. 22 paisa-baazar.com Defendant No. 13 (BigRock Solutions Ltd.) CS(COMM) 471/2020 Page 5 of 6 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 26/03/2024 at 20:58:02
14. Defendant No. 23 asrapolicybazaar.com Defendant No. 9 (GoDaddy.com, LLC)
15. Defendant No. 24 policybazaarvehicle.com Defendant No. 9 (GoDaddy.com, LLC)
16. Defendant No. 25 carepolicybazaar.com Defendant No. 9 (GoDaddy.com, LLC)
17. Defendant No. 26 policybazaarinsure.in Defendant No. 27 (ZNet Technologies Pvt.
Ltd.)
18. Defendant No. 29 bajajajallianz.com Defendant No. 30 (NameCheap Inc.)
19. Defendant No. 31 policybazaarpayments.in Defendant No. 27 (ZNet Technologies Pvt.
Ltd.)
20. Defendant No. 32 policybazaarpayment.in Defendant No. 27 (ZNet Technologies Pvt.
Ltd.)
21. Defendant No. 33 paisabazaaronline.org Defendant No. 40 (1&1 Ionos SE)
22. Defendant No. 34 paisabazaar.link -
23. Defendant No. 35 policybazaaragency.educationd Defendant No. 41 ose.com (PDR Ltd.)
24. Defendant No. 36 paisaloanbazaar.com Defendant No. 42 (Hosting Concepts B.V.)
25. Defendant No. 37 autopolicybazaar.com Defendant No. 13 (BigRock Solutions Ltd.)
26. Defendant No. 38 nammapolicybazaar.com Defendant No. 13 (BigRock Solutions Ltd.)
27. Defendant No. 39 jgpolicybazaar.com Defendant No. 9 (GoDaddy.com, LLC) CS(COMM) 471/2020 Page 6 of 6 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 26/03/2024 at 20:58:03