Delhi High Court - Orders
Bombinate Technologies Private ... vs Koo Coin And Others on 24 August, 2022
Author: Prathiba M. Singh
Bench: Prathiba M. Singh
$~20
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CS (COMM) 524/2022 & I.A. 13335/2022
BOMBINATE TECHNOLOGIES PRIVATE LIMITED..... Plaintiff
Through: Mr. Shwetasree Majumder & Ms.
Tanya Varma, Advocates (M-
9599109837)
versus
KOO COIN AND OTHERS ..... Defendants
Through: Ms. Shweta Sahu, Advocate.
CORAM:
JUSTICE PRATHIBA M. SINGH
ORDER
% 24.08.2022
1. This hearing has been done through hybrid mode. I.A. 13335/2022 (u/O XXXIX Rule 2A CPC)
2. This is an application filed on behalf of the Plaintiff under Order XXXIX Rule 2A of the Code of Civil Procedure, 1908 (CPC) alleging that the DNR - GoDaddy.com, LLC ("hereinafter GoDaddy") has not complied with the order passed by this Court on 1st August, 2022. The relevant portion is as follows:
"23. The DNR-Go Daddy LLC, is also represented before this Court today. GoDaddy LLC is directed to disclose to the Plaintiff the details of the registrants of these domain names, as also any billing information, subscribers' information, and any other information which may be available. This information be provided by ld. Counsel for GoDaddy LLC within 48 hours. An affidavit shall be filed by GoDaddy LLC before the Court, stating as to whether it is a customer of the Defendant No.1's website. If any other services are being provided by GoDaddy LLC to these three Signature Not Verified Digitally Signed By:DEVANSHU JOSHI Signing Date:26.08.2022 12:28:14 networks, details of the same shall also be stated in the said affidavit.
24. Further, the URLs as mentioned in Annexure A and B of the Plaint, shall also be blocked by MEITY, as also the ISPs.
25. Compliance under Order XXXIX Rule 3 be effected qua ISPs, and Defendant Nos.1 to 3, within three days."
3. On the said date, Ms. Shweta Sahu, ld. Counsel had appeared but had not received instructions from her client. It is submitted by Ms. Sahu that they have not yet been engaged in this matter. Ms. Shweta Sahu, ld. Counsel submits that since the counsel had not been engaged in this matter by GoDaddy, the order dated 1st August, 2022 was not communicated to GoDaddy.
4. However, ld. Counsel for the Plaintiff submits that the copy of the order was e-mailed to GoDaddy on 8th August, 2022 and 17th August, 2022 by her office. An advance copy of this application is also been stated to have been served by e-mail to GoDaddy on 22nd August, 2022 and the automatic reply of the same is stated to have been received showing that the same has been duly sent at [email protected] and has been delivered.
5. Ms. Majumdar, ld. Counsel for the Plaintiff submits that GoDaddy has an office in India at Gurgaon. The contact details are set out below:
GoDaddy India Web Services Private Limited 003, Tower 4A, DLF Corporate Park, MG Road Gurgaon - 122002 Email: [email protected]
6. Accordingly, let notice be served on GoDaddy including at the Gurgaon office. Since the India office of GoDaddy has been served through Signature Not Verified Digitally Signed By:DEVANSHU JOSHI Signing Date:26.08.2022 12:28:14 the e-mail at [email protected] and this is a fresh application under Order XXXIX Rule 2A CPC one opportunity is given to GoDaddy to comply with the injunction order. Notice is issued in the contempt application to GoDaddy, directing that the compliance of the order dated 1st August, 2022 shall be effected within 48 hours. Copy of the said order shall also be attached with the notice which can be given dasti to the ld. Counsel for the Plaintiff.
7. The blocking order issued on 1st August, 2022 shall be issued by the Department of Telecommunications within a period of two days upon receipt of the order, failing which, contempt action would be liable to be taken.
8. Reply to the contempt application be filed within a period of four weeks. Rejoinder be filed within four weeks, thereafter.
9. List on the date fixed i.e. 6th October, 2022.
PRATHIBA M. SINGH, J.
AUGUST 24, 2022 Rahul/KT Signature Not Verified Digitally Signed By:DEVANSHU JOSHI Signing Date:26.08.2022 12:28:14