Delhi High Court - Orders
Akshay Tanna vs John Doe & Ors on 5 February, 2024
Author: Sanjeev Narula
Bench: Sanjeev Narula
$~45
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CS(COMM) 92/2024 & I.A. 2257/2024
AKSHAY TANNA ..... Plaintiff
Through: Mr. Rajiv Nayar, Senior Advocate
with Dr. Abhimanyu Chopra, Ms.
Cheryl Fernandez, Mr. Aman
Choudhary, Mr. Kushagra Jain and
Mr. Saurav Seth, Advocates.
versus
JOHN DOE & ORS. ..... Defendants
Through: None.
CORAM:
HON'BLE MR. JUSTICE SANJEEV NARULA
ORDER
% 05.02.2024 I.A. 2260/2024(seeking exemption from advance service to Defendants)
1. For the grounds and reasons stated therein, the application is allowed. Considering the particular facts and circumstances of the present case, Plaintiff is exempted from serving advance copy of the suit paper-book on the Defendants.
2. Disposed of.
I.A. 2258/2024(seeking exemption)
3. Exemption is granted, subject to all just exceptions.
4. Plaintiff shall file legible and clearer copies of exempted documents, compliant with practice rules, before the next date of hearing.
5. Disposed of.
CS(COMM) 92/2024 Page 1 of 11This 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 06/02/2024 at 22:24:09 I.A. 2259/2024(seeking leave to file additional documents)
6. This is an application seeking leave to file additional documents under the Commercial Courts Act, 2015.
7. If Plaintiff wishes to file additional documents at a later stage, they shall do so strictly as per the provisions of the said Act.
8. Disposed of.
I.A. 2261/2024(seeking exemption from pre-institution mediation)
9. As the present suit contemplates urgent interim relief, in light of the judgment of Supreme Court in Yamini Manohar v. T.K.D. Krithi,1 exemption from attempting pre-institution mediation is granted.
10. Disposed of.
I.A. 2262/2024(seeking additional time to file court fees)
11. For the grounds and reasons stated therein, the application is allowed. Plaintiff is granted six weeks' time to file deficient court fees.
12. Disposed of.
I.A. 2263/2024(seeking urgent directions to file documents in pen drive)
13. Rule 24 of Chapter XI of the Delhi High Court (Original Side) Rules, 2018 makes it clear that electronic records can be received in CD/DVD/Medium encrypted with a hash value. The said Rule is extracted below: -
"24. Reception of electronic evidence -A party seeking to tender any electronic record shall do so in a CD/ DVD/ Medium, encrypted with a hash value, the details of which shall be disclosed in a separate memorandum, signed by the party in the form of an affidavit. This will be tendered along with the encrypted CD/ DVD/ Medium in the Registry. The electronic record in the encrypted CD/ DVD/ Medium will be uploaded on the server of the Court by the Computer Section and kept in an electronic folder which shall be labeled with the cause title, case 1 2023 SCC OnLine SC 1382.CS(COMM) 92/2024 Page 2 of 11
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 06/02/2024 at 22:24:09 number and the date of document uploaded on the server. Thereafter, the encrypted CD/ DVD/ Medium will be returned to the party on the condition that it shall be produced at the time of admission/denial of the documents and as and when directed by the Court/ Registrar. The memorandum disclosing the hash value shall be separately kept by the Registry on the file. The compliance with this rule will not be construed as dispensing with the compliance with any other law for the time being in force including Section 65B of the Indian Evidence Act, 1872."
[Emphasis supplied]
14. Thus, the Registry may receive electronic record on CD-ROM so long as it is encrypted with a hash value or in any other non-editable format. Accordingly, let the video recording contained in CD-ROM be placed in the electronic record of the present suit in a format which is non-editable, so that the same can be viewed by the Court during hearing.
15. Disposed of.
CS(COMM) 92/2024
16. Let the plaint be registered as a suit.
17. At the outset, Mr. Rajiv Nayar, Senior Counsel for Plaintiff, on instructions, states that at several places in the plaint, as well as in the accompanying applications, the reference made to 'private equity business of KKR India Advisors Private Limited' should be read as 'private equity advisory business of KKR India Advisors Private Limited'. This statement is taken on record, and the plaint and accompanying applications shall be read accordingly.
18. Issue summons to Defendants, upon filing of process fee, by all permissible modes. Summons shall state that the written statement(s) shall be filed by the Defendants within 30 days from the date of receipt of summons. Along with the written statement(s), the Defendants shall also file CS(COMM) 92/2024 Page 3 of 11 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 06/02/2024 at 22:24:10 affidavit(s) of admission/denial of the documents of the Plaintiff, without which the written statement(s) shall not be taken on record.
19. Liberty is given to the Plaintiff to file replication(s) within 15 days of the receipt of the written statement(s). Along with the replication(s), if any, filed by the Plaintiff, affidavit(s) of admission/denial of documents of the Defendants, be filed by the Plaintiff, 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.
20. List before the Joint Registrar for marking of exhibits on 05th April, 2024. It is made clear that any party unjustifiably denying documents would be liable to be burdened with costs.
21. List before Court for framing of issues thereafter. I.A. 2256/2024(under Order XXXIX Rules 1 and 2 of CPC)
22. Mr. Rajiv Nayar, Senior Counsel for Plaintiff, presents their facts and contentions as follows:
22.1 The present suit pertains to infringement of the personality and publicity rights of the Plaintiff committed by unknown Defendants, referred to as 'John Doe', who have used social media and messaging platforms to fraudulently impersonate the Plaintiff and usurp his goodwill and reputation to deceive the public and run an investment scam. 22.2 Plaintiff is a senior executive and head of the private equity advisory business at KKR Advisors India Private Limited ["KKR India"]. KKR is the registered proprietor of the trademark 'Kohlberg Kravis Roberts' and its acronym 'KKR'. KKR is a global leader in providing, inter alia, alternative asset management services and is claimed to be managing assets of approximately USD 528 billion across the world. Plaintiff is a highly CS(COMM) 92/2024 Page 4 of 11 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 06/02/2024 at 22:24:10 qualified professional and a person of high reputation and stature in the investment advisory services sector. Prior to joining KKR India, the Plaintiff was employed with another leading investment advisory firm and his move to KKR India was widely covered in the media including in leading financial newspapers Financial Express and The Economic Times.
22.3 The instant suit alleges violation of the personality and publicity rights, goodwill and reputation of Plaintiff by various unknown persons, including by way of creation of social media groups and on messaging platforms which falsely claim association with the Plaintiff and misuse his reputation in this advisory sector to offer investment services to the unwary public by impersonating Plaintiff. Screenshots of messages sent on online platforms falsely claiming to have been sent by the Plaintiff have been annexed to the plaint, some of which are reproduced below:
CS(COMM) 92/2024 Page 5 of 11This 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 06/02/2024 at 22:24:10 22.4 Further, an individual asserting their name to be 'Anurag Thakur' (Defendant No. 2) is falsely claiming to be the Plaintiff's assistant and has created profiles to this effect on messaging platforms, including Defendant No. 3/ Telegram. Screenshots reflecting the same are set out as under:
22.5 Plaintiff's name and photograph have been used by Defendants No. 1 and 2 to perpetrate fraud in the form of an investment scam, which could result in unsuspecting and unwary members of the public losing substantial sums of money. Having created false profiles on social media platforms carrying the name and picture of the Plaintiff, Defendants No. 1 and 2 have been engaging with members of the public and soliciting investments from CS(COMM) 92/2024 Page 6 of 11 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 06/02/2024 at 22:24:10 them by falsely claiming that investments would be made based on the expertise of the Plaintiff. In this regard, Defendants No. 1 and 2 and other unknown persons are also asking the unwary public to deposit money in certain bank accounts. Moreover, a deepfake video has been created employing artificial intelligence to create a false likeness to the Plaintiff and encourage members of the public to invest their funds with persons wrongly claiming association with the Plaintiff and KKR.
22.6 The following list of social media profiles/ links have been identified in the application for urgent interim reliefs as engaging in the fraudulent activity described above as on the date of filing of the suit:
Date of Sr. Name Link Followers Creation No. Akshay https://www.facebook.com/profile.php?id=6155 December 1. 47 Tanna 4777719942& sk=about_profile_transparency 18, 2023 Akshay https://www.facebook.com/profile.php?id=6155 December 2. 3 Tanna 5013513491 22, 2023 Akshay https://www.facebook.com/profile.php?id=1000 October 3. Tanna 38 66804494482 23, 2020 and KKR Akshay https://www.facebook.com/profile.php?id=6155 December 4. 11 Tanna 2 4716613255& sk=about_profile_transparency 18, 2023 Akshay https://www.facebook.com/profile.php?id=6155 December 5. 3 Tanna-3 5186190732 25, 2023 Akshay https://www.facebook.com/profile.php?id=6155 December 6. 3 Tanna 6 4790628247 25, 2023 Akshay https://www.facebook.com/profile.php?id=6155 December 7. 5 Tanna-2 4872494201 25, 2023 Akshay https://www.facebook.com/profile.php?id=6155 December 8. 14 Tanna 3 4859615871 &sk=about 18, 2023 Akshay https://www.facebook.com/profile.php?id=6155 December 9. 2 Tanna 4 4809523583 22, 2023 Akshay https://www.facebook.com/profile.php?id=6155 December 10. 2 Tanna 5 4940407467 22, 2023 Akshay February 1,
11. https://www.facebook.com/cnsp.bindeballe 556 Tanna 2011 22.7 The following groups on various messaging platforms have been CS(COMM) 92/2024 Page 7 of 11 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 06/02/2024 at 22:24:10 identified in the application for urgent interim reliefs as engaging in the fraudulent activity described above as on the date of filing of the suit:
Sr. No Name Link Memb Date of
ers Creation
1. KKR (Jay Sharma) https://chat.whatsap 5 December
p.com/GGOs0OF3 31, 2023
9VxIyg8IniMDU2
2. 15_India KKRMF https://chat.whatsap 170 November
Group Stock p.com/DM341H3Z 2, 2023
Discussion Group as9LPW58JmIGp0
3. KKRCA Stock - 197 -
Discussions Group 11
4. D3-KKRCA Studying - 172 -
Group
5. 37 KKRCA Stock - - -
Discussion
6. 88-KKRCA Studying - - -
Group
7. 02KKRCA Studying - 167 September
Group 17, 2013
8. 92 KKRCA Studying - 178 August 27,
Group 2015
9. KKRCA Stock https://chat.whatsap 251 September
Discussion Group p.com/DM341H3Z 11, 2015
<<36>> as9LPW58JmIGp0
10. 79 KKRCA Studying - 168 -
Group
11. KKRCA Stock - 188 -
Discuss...
12. KKRCA VIP Study - 5 -
g...
22.8 The Plaintiff has been contacted by a number of investors drawing his attention to, inter alia, the aforementioned social media profiles and messaging groups which have falsely claimed association with the Plaintiff. He has been constrained to repeatedly disclaim any involvement with the said profiles/ groups, and continually and immediately address these transgressions, clarifying that the said profiles/ groups are not operated by CS(COMM) 92/2024 Page 8 of 11 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 06/02/2024 at 22:24:10 him, and that neither the Plaintiff nor KKR India provide stock trading tips or advice over any messaging and/or social media platforms. 22.9 Considering the repeated and continuing nature of the transgressions and the substantial threat posed to the public, the Plaintiff seeks urgent interim relief to restrain the unknown persons (Defendant No. 1/ John Doe) from creating/operating the social media profiles and/or groups on messaging platforms, and seeking blocking of the aforementioned profiles/links/ groups. Plaintiff also seeks directions to be issued to social media and messaging platforms, including Defendant No. 3 (Telegram), to delete all groups/profiles/links engaging in the aforementioned fraudulent activities.
23. The Court has noted foregoing submissions. The screenshots reproduced above, as well as those annexed to the plaint, reveal that the unknown persons, i.e. Defendant No. 1 impleaded as 'John Doe' and Defendant No. 2, being the individual purporting to be Mr. Anurag Thakur, are clearly interacting with members of the public through various online social media profiles and messaging groups by fraudulently using the identity of the Plaintiff. The unknown operators of the aforenoted profiles and groups are not associated with the Plaintiff or KKR, and have not been authorized in any manner to offer financial trading and investment related advice on their behalf. They are misrepresenting themselves to the public to that effect and engaging in nefarious activities to dupe the unwary public, thus effectively eroding the goodwill and reputation of the Plaintiff.
24. In view of the above and considering the public interest involved in the matter, the Court is of the opinion that the Plaintiff has demonstrated a prima facie case in their favour and in case an ex-parte ad-interim injunction CS(COMM) 92/2024 Page 9 of 11 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 06/02/2024 at 22:24:10 is not granted, Plaintiff will suffer an irreparable loss. Balance of convenience also lies in the favour of Plaintiff, and against the Defendants No. 1 and 2. Accordingly, the following directions are issued:
24.1 Till the next date of hearing, Defendants No. 1 and 2, or any person acting on their behalf, are restrained from using the name, likeness, image, photos or any other personality rights of the Plaintiff and/or claiming to be associated and/or connected with the Plaintiff. 24.2 Defendant No. 3/ Telegram FZ-LLC, and Meta Platforms Inc., the concerned social media platforms, are directed to remove/ block/ delete the accounts, profiles and groups delineated in Paragraphs No. 22.6 and 22.7 of this order, as well as all other groups and profiles created by/ administered by the said Defendants which are misusing the Plaintiff's name and his association with KKR. In the event further groups/ channels/ profiles of a similar nature surface on such platforms, Plaintiffs are at liberty to share the concerned details/ URLs with the concerned social media intermediaries, who shall thereafter remove/ block access thereto, in accordance with law. 24.3. Ministry of Electronics and Information Technology, Union of India and Department of Telecommunications, Ministry of Communications, Union of India, respectively, are directed to issue necessary notifications/ directions to all telecom and internet service providers and Domain Name Registrars in India, to permanently block/ delete/ remove access to all the telephone numbers, websites, domain names, etc. which are identified to be misusing the Plaintiff's name and his association with KKR.
25. Compliance of Order XXXIX Rule 3 of the Code of Civil Procedure, 1908 shall be done within five days from today.
26. Issue notice. Reply, if any, be filed within four weeks from today.CS(COMM) 92/2024 Page 10 of 11
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 06/02/2024 at 22:24:10 Rejoinder thereto, if any, be filed within two weeks thereafter.
27. Re-notify on 10th July, 2024.
SANJEEV NARULA, J FEBRUARY 5, 2024 d.negi CS(COMM) 92/2024 Page 11 of 11 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 06/02/2024 at 22:24:10