Simply Vyapar Apps Pvt. Ltd vs Adj Utility Apps Private Limited & Anr on 3 July, 2025

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Delhi High Court - Orders

Simply Vyapar Apps Pvt. Ltd vs Adj Utility Apps Private Limited & Anr on 3 July, 2025

Bench: Amit Bansal

                          $~14
                          *         IN THE HIGH COURT OF DELHI AT NEW DELHI
                          +         CS(COMM) 650/2025 with I.A. 15312/2025, I.A. 15313/2025, I.A.
                                    15314/2025, I.A. 15315/2025 and I.A. 15316/2025

                                    SIMPLY VYAPAR APPS PVT. LTD.            .....Plaintiff
                                                 Through: Mr. Sandeep Sethi, Senior Advocate
                                                          with Mr. Sidharth Chopra, Mr. Nitin
                                                          Sharma, Mr. Naman Tandon and
                                                          Mr. Abhinav Bhalla, Advocates
                                                 versus
                                    ADJ UTILITY APPS PRIVATE LIMITED
                                    & ANR.                                    .....Defendants
                                                  Through: Mr. Aditya Gupta and Mr. Sauhard
                                                            Alung, Advocates for D-2 and D-3

                                    CORAM:
                                    HON'BLE MR. JUSTICE AMIT BANSAL
                                                                  ORDER

% 03.07.2025 I.A. 15314/2025 (u/O-XI Rule 1(4) of the CPC)

1. The present application has been filed on behalf of the plaintiff seeking leave to file additional documents under the Commercial Courts Act, 2015.

2. The plaintiff is permitted to file additional documents in accordance with the provisions of the Commercial Courts Act, 2015 and the Delhi High Court (Original Side) Rules, 2018.

3. Accordingly, the application is disposed of.

I.A. 15315/2025 (u/s 149 of the CPC)

4. Mr. Sidharth Chopra, counsel appearing on behalf of the plaintiff, submits that the requisite court fees shall be paid within one (1) week.

CS(COMM) 650/2025 Page 1 of 5

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 03/07/2025 at 21:54:27

5. The aforesaid statement of counsel for the plaintiff is taken on record.

6. Accordingly, the application is disposed of.

I.A. 15313/2025 (u/s 12A of the Commercial Courts Act, 2015)

7. As the present suit contemplates urgent interim relief, in light of the judgment of the Supreme Court in Yamini Manohar v. T.K.D. Krithi, 2023 SCC Online SC 1382, exemption from the requirement of pre-institution mediation is granted.

8. The application stands disposed of.

I.A. 15316/2025 (seeking permission to file all documents in one volume)

9. This application has been filed by the plaintiff seeking leave to file all documents in one volume.

10. For the reasons stated in the application, the plaintiff is permitted to file documents in one volume.

11. The application stands disposed of.

CS(COMM) 650/2025

12. Let the plaint be registered as a suit.

13. Issue summons.

14. Mr. Aditya Gupta, Advocate accepts summons in the suit on behalf of the defendant no.2 and waives issuance of formal summons.

15. He submits that the defendant no.3 is not a necessary party and has no role in the present suit and therefore the defendant no.3 may be deleted from the array of parties.

16. It is ordered accordingly.

17. Amended memo of parties be filed within one (1) weeks.

18. Summons be issued to the defendant no.1 through all permissible modes. The summons shall state that the written statement(s) shall be filed CS(COMM) 650/2025 Page 2 of 5 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 03/07/2025 at 21:54:27 by the defendants within thirty (30) days from the date of the receipt of summons. Along with the written statement(s), the defendants shall also file affidavit(s) of admission/ denial of the documents of the plaintiffs, without which the written statement(s) shall not be taken on record.

19. Liberty is given to the plaintiff to file replication(s), if any, within thirty (30) days from the receipt of the written statement(s). Along with the replication(s) filed by the plaintiff, affidavit(s) of admission/ denial of the documents of the defendants be filed by the plaintiffs.

20. The parties shall file all original documents in support of their respective claims along with their respective pleadings. In case the parties are placing reliance on a document, which is not in their power and possession, its detail and source shall be mentioned in the list of reliance, which shall also be filed with the pleadings.

21. If any of the parties wish to seek inspection of any documents, the same shall be sought and given within the timelines.

22. List before the Court on 30th July, 2025.

I.A. 15312/2025 (u/O-XXXIX Rules 1 & 2 of the CPC)

23. The present suit has been filed inter alia seeking relief of permanent and mandatory injunction against groundless threat, tortious interference and illegal takedown of listing of the plaintiff's mobile application from Google Play Store.

24. The principal grievance of the plaintiff in the present suit is that its flagship product/ application 'Vyapar Invoice Billing App', which is extensively used and immensely popular, has been taken down by the defendant no.2 on 26th June, 2025 from its Google Play Store on account of a complaint dated 19th June, 2025 made by the defendant no.1, who is a CS(COMM) 650/2025 Page 3 of 5 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 03/07/2025 at 21:54:27 competitor of the plaintiff. It is contended that the aforesaid application has been taken down only on the basis of the complaint filed by the defendant no.1 and without seeking any response from the plaintiff.

25. The plaintiff therefore filed an appeal through the internal mechanism provided by the defendant no.2. However, the defendant no.2, vide its email dated 1st July, 2025, refused to reinstate the plaintiff's application on its platform. The defendant no.2 contended that the plaintiff's resinstatement request can be accepted only if the defendant no.1 withdraws its complaint.

26. The aforesaid submission is retierated by Mr. Gupta appearing on behalf of the defendant no.2 in Court today.

27. Mr. Sandeep Sethi, senior counsel appearing on behalf of the plaintiff has drawn attention of the Court to an email sent by the plaintiff to the defendant no.1 on 20th June 2025 informing that it has removed all references to the word 'KhataBook' from its application metadata and requesting the defendant no.1 to withdraw its complaint dated 19th June 2025. However, the defendant no.1 failed to withdraw its aforesaid complaint.

28. The plaintiff also intimated about the aforesaid email to the defendant no.2 vide email dated 26th June 2025. Attention of the Court has also been drawn to the communication dated 01st July, 2025, sent by the plaintiff to the defendant no.2 wherein it is inter alia stated that the plaitniff has removed the references to the term 'KhataBook' from its application metadata which allegedly infringed the trade mark of the defendant no.1.

29. The aforesaid email has been duly acknowledged by the defendant no.2, however, the defendant no.2 has expressed its inability to reinstate the plaintiff's application till the aforesaid complaint is withdrawn by the CS(COMM) 650/2025 Page 4 of 5 This is a digitally signed order.

30. I have heard counsel for the parties.

31. None appear on behalf of the defendant no.1 despite advance service.

32. Issue Notice.

33. Notice is accepted by Mr. Aditya Gupta, Advocate on behalf of the defendant no.2.

34. Notice is issued to the defendant no.1 through all permissible modes.

35. Reply be filed within two (2) weeks.

36. Rejoinder thereto, if any, be filed within one (1) week thereafter.

37. Based on the averments made in plaint and documents placed on record, I am prima facie satisfied that the plaintiff has removed the allegedly infringing references from its application metadata. Hence, there is no reason why the aforesaid application of the plaintiff should not be reinstated.

38. The balance of convenience is also in favour of the plaintiff as it would suffer irreparable injury if the aforesaid application is not reinstated on the platform of the defendant no.2.

39. Accordingly, the following directions are issued:

i. The defendant no.1 is directed to withdraw its complaint dated 19th June 2025 made to the defendant no.2.

ii. The defendant no.2 shall forthwith reinstate the plaintiff's application 'Vyapar Invoice Billing App' on Google Play Store.

40. List on 30th July, 2025.

41. Dasti under signatures of Court Master.

AMIT BANSAL, J JULY 3, 2025/ds CS(COMM) 650/2025 Page 5 of 5 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 03/07/2025 at 21:54:27

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Delhi High Court - Orders