Delhi High Court - Orders
Indiabulls Housing Finance Limited & ... vs Naturo Indiabull Limited on 8 May, 2024
$~18
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CS(COMM) 575/2022 & I.A. 4874/2023
INDIABULLS HOUSING FINANCE LIMITED & ANR.
..... Plaintiffs
Through: Ms. Aadya Chawla and Ms. Nandini
Choudhary, Advocates.
versus
NATURO INDIABULL LIMITED ..... Defendant
Through: Mr. Kanti Mohan Rustagi, Mr. Saurabh
Balwani, Mr. Chirag Pathor, Ms. Kanishka
Gautam and Mr. Prasann Parashar,
Advocates along with Defendant in person.
CORAM:
HON'BLE MR. JUSTICE ANISH DAYAL
ORDER
% 08.05.2024
1. Pursuant to previous order dated 19th March, 2024, Mr. Gaurav Jain, Director of defendant company, has appeared.
2. The Court had to issue numerous directions and issue bailable warrants at various addresses to ensure the presence of Mr. Gaurav Jain. Mr. Jain states, that the address as recorded in Para 3 of order dated 13 th February, 2024 being, '100, Mahaveer Nagar Ind. Maharani Farm, Durgapura Jaipur, Shipra Path, Jaipur City (South), Rajasthan' is the correct address and he was since served the bailable warrants. Said warrants stand discharged.
3. Mr. Saurabh Balwani is representing the defendant and has entered appearance. The issue in this application under Order XXXIX Rule 2A of Civil Code of Procedure, 1908 relates to non-compliance of the ad interim injunction passed by this Court on 22nd August, 2022 in the following terms which are extracted as under:
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 10/05/2024 at 23:37:10 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 10/05/2024 at 23:37:10
4. Order was made absolute on 05th December, 2022. The defendant did not appear and was proceeded ex parte.
5. The specific issues which are highlighted in the Order XXXIX Rule 2A application filed by plaintiff is that defendant has not taken down the domain name/website 'www.naturoindiabull.com' and the said website continues to have pictures of products bearing the infringing marks "INDIABULLS" screenshots of the same as under:
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 10/05/2024 at 23:37:10
6. To this Mr. Gaurav Jain's response is that the website is indeed active, but no transactions for the products can be made which are displayed on the website and the price has been shown as zero. As to why the website has still not been taken down despite orders of this Court dated 22 nd August, 2022, he states that since defendant company is listed on the Bombay Stock Exchange (BSE), he requires the domain name for compliance as per Regulation-46 of the Listing Obligations and Disclosure Requirements, 2015 (LODR). He does not deny that he was aware of the injunction order passed by this Court since it was served to him during the execution of the local commission. Mr. Jain states that there are no products under the injuncted marks which are being manufactured, sold or promoted by him.
7. Ms. Chawla, counsel for plaintiff points out that in fact it was the proposed listing which was the context in which the suit had been filed since the use of label INDIABULLS was causing confusion in the market. She further states that they have communicated with the domain name Registrar for the www.naturoindiabull.com to take down the said domain name, however, they have not responded till date.
8. In respect of the domain name, Mr. Gaurav Jain undertakes to remove all the product pages on the said website within a period of 72 hours from today. It is made clear that there should be no reference to any product with the NATUROINDIABULLS or the labels on the said website post the 72 hours. As regards the domain name itself, counsel for defendant on instructions states that they will place some proposal within the next two weeks relating to the change of the domain name in order that the injunction order by this Court be complied with. Two weeks' time is being given for this purpose.
9. Ms. Chawla, counsel for plaintiff shall take instructions in relation to the issue of defendant's using INDIABULLS as part of their corporate/trading name, even though she contends that it is covered under Para 33(a) of the order dated 22 nd 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 10/05/2024 at 23:37:11 August, 2022.
10. Defendant shall file an affidavit of undertaking in terms of the statements made by him in the Court. Further, status as regards to details of his listing shall also be placed on record. Also, if there is any other platform or medium where defendant is using the word INDIABULLS as part of their promotion/business, the same shall also be placed on record.
11. The said affidavit shall be filed two days before the next date of hearing with copies to the opposing counsel.
12. Mr. Gaurav Jain shall be present in Court on the next date of hearing.
13. Re-notify on 27th May, 2024.
14. Order be uploaded on the website of this Court.
ANISH DAYAL, J MAY 8, 2024/MR 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 10/05/2024 at 23:37:11