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Delhi High Court - Orders

Indiamart Intermesh Limited vs Mr Sameer Samim Khan & Ors on 27 September, 2022

Author: Prathiba M. Singh

Bench: Prathiba M. Singh

                          $~12
                          *      IN THE HIGH COURT OF DELHI AT NEW DELHI
                          +            CS(COMM) 631/2022 & I.A. 14980/2022, 14984/2022
                                 INDIAMART INTERMESH LIMITED                            ..... Plaintiff
                                                   Through:    Mr. Sidharth    Chopra, Mr. Nitin
                                                               Sharma, Ms.    Deepika, Mr. Naman
                                                               Tandon and     Mr. Yatinder Garg,
                                                               Advocates      (M:      9811289656,
                                                               7838947828).
                                                   versus

                                 MR SAMEER SAMIM KHAN & ORS.                          ..... Defendants
                                                   Through:    Ms. Ekta Choudhary with Mr.
                                                               Sanjeev Sagar, Standing Counsel for
                                                               Union      Bank      of    India/D-5.
                                                               (M:9910376565)
                                                               Ms. Hetu Arora Sethi, ASC with Ms.
                                                               Kavita Nailwal, Advocate for Delhi
                                                               Police. (M:9873725564)
                                                               Mr. Raman Lamba, IFSO, Special
                                                               Cell, Delhi Police (M: 9868167493).
                                                               Mr. Neel Mason, Mr. Vihan Dang,
                                                               Ms. Aditi Umapathy & Mr. Parva
                                                               Kaushal Khare, Advocates for D-2.
                                                               (M:9971586598)
                                                               Mr. Anushkaa Arora, Sr. Panel
                                                               Counsel with Mr. Chitanya Sharma,
                                                               Advocate      for    D-6     &     7.
                                                               (M:9810570295)
                                 CORAM:
                                 JUSTICE PRATHIBA M. SINGH
                                          ORDER

% 27.09.2022

1. This hearing has been done through hybrid mode.

2. Further to the last order dated 13th September, 2022, Ms. Sethi, ld.

Signature Not Verified Digitally Signed By:DEVANSHU JOSHI CS(COMM) 631/2022 Page 1 of 3 Signing Date:28.09.2022 15:59:40

Counsel has placed on record a status report dated 27th September 2022 filed on behalf of the Delhi Police by Mr. Raman Lamba ACP/IFSO/Special Cell confirming that the bank account no. 274010100021790 in Union Bank of India has been put under debit freeze with a balance of Rs. 27,160/-. Further, she has informed the Court that the account holder has also been identified through the mobile number. The investigation is going on and action would continue in accordance with law. She, further, submits that out of the three complainants two are yet to respond and one of the complainants has denied that there was any money taken from her, however, the said complainant as per ld. Counsel for the Plaintiff has confirmed that the fake website was available. During the course of the investigation, Defendant No. 3 - GoDaddy.com LLC has given the details of the registrant of the domain name as being an email address holder - [email protected]. Additionally, Defendant No. 2 - Google LLC has also given the details where alternate emails - [email protected] & [email protected] were given by the said email account holder. Let the said details be given by Google LLC be supplied to ld. Counsel for the Plaintiff by Ms. Sethi/Mr. Lamba.

3. On behalf of Union Bank of India Ms. Ekta Choudhary, ld. Counsel has appeared and submits that she needs one week's time to file the KYC details. Accordingly, the said bank by way of affidavit shall place on record all details relating to opening of bank account no. 274010100021790. All the KYC details, documents available with the bank and the complete bank statement from the opening of the bank account till date shall be placed on record. The bank account shall continue to remain frozen.

4. Ms. Anushkaa Arora, ld. Counsel appearing on behalf of DoT/MeitY Signature Not Verified Digitally Signed By:DEVANSHU JOSHI CS(COMM) 631/2022 Page 2 of 3 Signing Date:28.09.2022 15:59:40 submits that MeitY vide letter dated 16th September, 2022 blocked the domain name/website https://india-mart.co and all ISPs had also been directed to block the same.

5. Let the investigation continue. All the details available with any of the counsels for the parties be supplied to Ms. Sethi/Mr. Lamba. Let an updated status report be filed.

6. Mr. Sidharth Chopra, ld. Counsel submits that the website has been blocked and has now been taken down as well.

7. List on 1st December, 2022 along with other domain name related matters.

PRATHIBA M. SINGH, J.

SEPTEMBER 27, 2022 dj/sr Signature Not Verified Digitally Signed By:DEVANSHU JOSHI CS(COMM) 631/2022 Page 3 of 3 Signing Date:28.09.2022 15:59:40