Delhi High Court - Orders
Itc Limited vs Ashok Kumar & Ors on 9 October, 2020
Author: Rajiv Shakdher
Bench: Rajiv Shakdher
$~9
* IN THE HIGH COURT OF DELHI AT NEW DELHI
I.A.Nos.9070-71/2020 in
+ CS (COMM) No. 373/2020
ITC LIMITED .....Plaintiff
Through : Mr. Pravin Anand, Adv.
versus
ASHOK KUMAR & ORS. .....Defendants
Through : None.
CORAM:
HON'BLE MR. JUSTICE RAJIV SHAKDHER
ORDER
% 09.10.2020 [Court hearing convened via video-conferencing on account of COVID-19] I.A. No. 9070/2020
1. This is an application whereby the plaintiff inter alia seeks to implead Kotak Mahindra Bank Ltd. and Oriental Bank of Commerce Ltd., albeit, as proforma defendants, to the instant suit.
2. Mr. Pravin Anand, who appears on behalf of the plaintiff, says that the plaintiff has discovered new websites via which the infringers are putting out proffer‟s that are directed towards one and all for ostensible appointment as franchisee‟s qua plaintiff‟s product(s) and, in lieu of monetary deposits. 2.1 In support of this plea, Mr. Anand has drawn my attention to a document appended on page 105 of the captioned application. 2.2 Mr. Anand says that the infringers are demanding huge deposits from interested persons/entities which are channelled through accounts maintained by them with Kotak Mahindra Bank Ltd. and Oriental Bank of Commerce Ltd.
CS(COMM)No.373/2020 page 1 of 4 Signature Not Verified Digitally Signed By:VIPIN KUMAR RAI Signing Date:10.10.2020 14:44:03 2.3 In this behalf Mr. Anand also relies upon a copy of the payment
receipts appended on pages 119 and 120 of the captioned application.
3. Having heard Mr. Anand and perused the application and the documents placed before me, I am inclined to direct as follows:
(i) Kotak Mahindra Bank Ltd. and Oriental Bank of Commerce Ltd. shall stand arrayed as parties to the suit.
(ii) The amended memo of parties filed by the plaintiff is taken on record.
(iii) On steps being taken, summons in the suit shall issue to the newly arrayed defendants i.e. defendant nos. 10/Kotak Mahindra Bank Ltd. and defendant no. 11/Oriental Bank of Commerce Ltd. via all means including e-
mail.
4. The application is disposed of in the aforesaid terms.
I.A. No. 9071/20205. The accompanying suit had been listed before the Court, for the first time, on 10.09.2020. On that date, summons in the suit and notice in the interlocutory application was issued to the defendants. 5.1 Furthermore, based on a prayer made by Mr. Anand, certain interim directions were issued against defendant nos. 1 to 4, their partners, proprietors, affiliates, franchises, officers, distributors, agents and representatives. Besides this, they were also restrained from operating their websites and e-mail addresses as also any other websites or e-mail addresses which are deceptively similar to the websites and e-mail addresses set out in paragraph 6.1 of the said order.
CS(COMM)No.373/2020 page 2 of 4 Signature Not Verified Digitally Signed By:VIPIN KUMAR RAI Signing Date:10.10.2020 14:44:03 5.2 In addition, thereto, defendant no. 5 i.e. the Registrar of the domain
names was directed to suspend/block their domain names; the details of which were given in paragraph 6.3 of the said order. 5.3 Furthermore defendant nos. 1 to 4, were restrained from using the plaintiff‟s trademarks/trade devices as a part of their WhatsApp profiles. 5.4 Also, defendant nos. 6 to 9 i.e. Canara Bank, State Bank of India, Bank of Baroda and Punjab National Bank, respectively, were directed to freeze the operation of the bank accounts of defendant nos. 1 to 4 with a sole purpose of preventing leakage of funds which had been received in their accounts, maintained with aforementioned banks, apparently by deceiving the public at large.
6. It appears that the malady continues to plague the plaintiff. 6.1 Accordingly, issue notice in the captioned application to the defendants via all means including e-mail. In the meanwhile, I am inclined to direct issuance of similar directions qua the following domain names and their respective Registrars. It is ordered accordingly. 6.2 The domain name Registrars mentioned in the table below will suspend/block the domain names adverted to hereafter.
S. No. Domain Name Registrar
1. itcaashirvaaddistributorships.com GoDaddy.com, LLC
2. itcaashirvaaddistributorships.in Endurance Domains Technology LLP
3. itcindiafranchise.com PDR Ltd.
4. itcportalfranchise.com GoDaddy.com, LLC „[email protected]‟
5. itcaashirvaadfranchise.com GoDaddy.com, LLC
6. itcaashirvaaddistributorships.co GoDaddy.com, LLC CS(COMM)No.373/2020 page 3 of 4 Signature Not Verified Digitally Signed By:VIPIN KUMAR RAI Signing Date:10.10.2020 14:44:03 6.3 Furthermore, the banks referred to in the table below will freeze the operation of the bank accounts maintained with each one of them; the details of which are set forth in the table.
S. No. Account No. Banker IFSC Branch
1. 0146101017660 Canara Bank CNRB0000279 Accounts Section,
(Defendant No.6) Kolkata
2. 39232508692 State Bank of India SBIN0000001 Kolkata Main
(Defendant No.7) Branch, Kolkata
3. 38927703953 State Bank of India SBIN0000004 Alipore, Kolkata
(Defendant No.7)
4. 3113281809 Kotak Mahindra KKBK0008043 JP Nagar,
Bank Bangalore
5. 06262413000934 Oriental Bank of ORBC0100003 Brabourne Road
Commerce Branch, Kolkata
6.4 In addition, thereto, the aforementioned banks will also provide the
information concerning the accounts maintained with each one of them. This information will be made available by the banks, for the moment, in a sealed cover. The sealed cover will be filed with the Registry of this Court within 10 days of the notice of proceedings and order passed today being served on them.
7. List the application on the date already fixed in the matter i.e. 06.11.2020.
RAJIV SHAKDHER, J
OCTOBER 09, 2020
Aj/KK
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CS(COMM)No.373/2020 page 4 of 4
Signature Not Verified
Digitally Signed
By:VIPIN KUMAR RAI
Signing Date:10.10.2020
14:44:03