Delhi High Court - Orders
Asian Paints Limited vs Ajeet Kumar And Others on 24 May, 2024
Author: Sanjeev Narula
Bench: Sanjeev Narula
$~35
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CS(COMM) 420/2023
ASIAN PAINTS LIMITED ..... Plaintiff
Through: Ms. Diva Arora Menon, Mr. Rohan
Krishna Seth and Mr. Shiv Mehrotra,
Advocates.
versus
AJEET KUMAR AND OTHERS ..... Defendants
Through: Ms. Mrinal Ojha, Mr. Debarshi Dutta
and Mr. Anand Raja, Advocates for
D-8.
Mr. Samir Ali Khan, Mr. Pranjal
Sharma and Mr. Kashif Khan,
Advocates for D-54.
Ms. Swati Mittal and Ms. Dhairya
Arora, Advocates for D-30.
Mr. KG Gopalakrishnan and Ms.
Nisha Mohandas, Advocates for D-
27.
Ms. Hetu Arora Sethi, ASC, GNCTD
with Mr. Arjun Basra, Advocate for
IFSO, Spl. Cell, Delhi Police.
Mr. VK Gupta and Ms. Kaushiki
Kashyap, Advocates for D-31.
CORAM:
HON'BLE MR. JUSTICE SANJEEV NARULA
ORDER
% 24.05.2024 I.A. 30313/2024 (seeking exemption from filing originals, clear copies and documents with proper margins)
1. Exemption is granted, subject to all just exceptions.
2. The Applicant shall file legible and clearer copies of exempted CS(COMM) 420/2023 Page 1 of 9 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 28/05/2024 at 21:49:06 documents, compliant with practice rules, before the next date of hearing.
3. Accordingly, the application stands disposed of. I.A. 30312/2024 (seeking exemption from advance service)
4. Considering the facts and circumstances of the present case, the application is allowed and disposed of.
I.A. 30311/2024 (under Order I Rule 10 read with Order XXXIX Rule 1 and 2 read with Section 151 of the Code of Civil Procedure, 1908)
5. A copy of revised Document-A has been handed over across the board and is taken on record. Let the copy of the revised Document-A also be E-filed.
6. On 2nd June, 2023, an ex-parte ad interim injunction was issued against Defendant Nos. 1 to 30,1 with specific directions restraining Defendants No.1 to 7 from using the Plaintiff's mark "ASIAN PAINTS" as well as any other deceptively similar mark. Later, upon the Plaintiff's request to implead additional parties found infringing the Plaintiff's trademark, the order was extended to Defendant Nos. 31 to 42.2 Following further requests from the Plaintiff, the injunction order has further been extended to additional parties.3
7. Ms. Diva Arora Menon, counsel for Plaintiff, submits that subsequent to the issuance of the aforementioned orders, they have identified additional websites (which wholly incorporate their mark "ASIAN PAINTS" and other deceptively similar mark), phone numbers, email addresses, and bank accounts through which the existing and proposed Defendants continue to defraud innocent customers. These Defendants are allegedly using the 1 Injunction order 2 Vide order dated 16th August 2023 CS(COMM) 420/2023 Page 2 of 9 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 28/05/2024 at 21:49:06 Plaintiff's trademarks, logos, and advertising campaigns to mislead the public into believing that they represent the Plaintiff and offer authentic dealerships. Some individuals have already fallen victim to such activities and have been duped of substantial sums of money. The effected persons have informed the Plaintiff of the fraud that has transpired and accordingly, the instant application has been filed to implead Defendant Nos. 56 to 73. Some of the proposed Defendants are owners of the domain names mentioned in revised Document-A. Others are subscribers/holders of the phone numbers and the bank accounts mentioned in paragraph 15(a) of the application. Furthermore, the bank where the proposed Defendants hold an account (used to perpetuate fraud) and the Domain Name Registrar of the infringing domain names are sought to be added as parties for the effective implementation of the Court's directives.
8. Heard. The Court has perused the documents filed along with the application and accordingly, the impleadment is allowed. Further, the Court is of the opinion that the Plaintiff has made out a prima facie case for grant of ad interim ex parte injunction in respect of the proposed Defendants, as in the absence thereof, irreparable harm would be caused to the Plaintiff; balance of convenience also lies in favour of the Plaintiff and against the Defendants.
9. Accordingly, the following directions are issued:
(i) Proposed Defendants are impleaded as Defendants No. 56-73 and the amended memo of parties annexed with the instant application is taken on record.
(ii) Injunction order dated 2nd June, 2023, 16th August 2023, 23rd November 3 Vide orders dated 23rd November, 2023 and 28th March, 2024 CS(COMM) 420/2023 Page 3 of 9 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 28/05/2024 at 21:49:07 2023 and 28th March, 2024 is extended to domain names/ websites (impleaded as John Doe- Defendant No.56) mentioned in document attached as 'Annexure-A' to this order. Accordingly, Defendant No.56 or anyone acting on their behalf, are restrained from infringing the Plaintiff's "ASIAN PAINTS" trademarks or any other deceptively similar mark amounting to trademark infringement.
(iii) Defendant Nos. 8, 9, 11, 35, 37, 42, 46 and 58-73 [Domain Name Registrars] are directed to lock/ suspend access to the domain names mentioned in Annexure-A of this order, which are registered with them. They shall, within four weeks from today, file in a sealed cover, the complete details KYC details of the registrant, as are available with them. A copy of the said documents shall also be provided to counsel for Plaintiff, which shall be strictly used by them for the purpose of investigation and identification of the perpetrators.
(iv) Defendants No. 23 and 24 [Ministry of Electronics and Information Technology and Department of Telecommunications, Ministry of Communications and Information Technology, respectively] are directed to issue necessary directions to the telecom service providers and internet service providers to the block websites hosted on the impugned domain names mentioned in Annexure-A of this order.
(v) Defendants No. 12[Federal Bank], 31[ Bank of Maharashtra] and 57[Axis Bank] shall freeze/ suspend operations of the respective bank accounts mentioned in paragraph 21 of the instant application. They shall, within four weeks from today, file in a sealed cover the information, including the KYC documents, pertaining to the said bank account holders.
(iv) Defendants No. 27 to 30 [Telecom Service Providers] shall temporarily CS(COMM) 420/2023 Page 4 of 9 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 28/05/2024 at 21:49:07 suspend and disable the mobile numbers +91 9038019305, +91 7294132639 and +91 9981438235 (registered with Defendant No. 27) and +91 9010020153 (registered with Defendant No.30). They shall, file in a sealed cover, the details of respective persons, including KYC documents, in whose names the said numbers are registered, within four weeks from today. A copy of the said documents shall also be provided to counsel for Plaintiff, which shall be strictly used by them for the purpose of investigation and identification of the perpetrators.
10. Upon filing of process fee, issue notice to the Defendants No.56-73, by all permissible modes, returnable on the next date of hearing. Reply, if any, be filed within a period of four weeks from the date of service. Rejoinder thereto, if any, be filed within a period of two weeks thereafter.
11. Compliance of Order XXXIX Rule 3 of Code of Civil Procedure, 1908, be done by email within ten days from today.
12. Renotify on the date fixed i.e. 7th August, 2024.
CS(COMM) 420/2023
13. Upon filing of process fee, issue summons to the newly impleaded Defendant Nos. 56 to 73 by all permissible modes. Summons shall state that the written statement(s) shall be filed by the said Defendants within 30 days from the date of receipt of summons. Along with the written statement(s), the said Defendants shall also file affidavit(s) of admission/denial of the documents of the Plaintiff, without which the written statement(s) shall not be taken on record.
14. Liberty is given to the Plaintiff to file a replication(s) within 15 days of the receipt of the written statement(s). Along with the replication(s), if any, filed by the Plaintiff, affidavit(s) of admission/denial of documents of CS(COMM) 420/2023 Page 5 of 9 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 28/05/2024 at 21:49:07 the Defendants, be filed by the Plaintiff, without which the replication(s) shall not be taken on record. If any of the parties wish to seek inspection of any documents, the same shall be sought and given within the timelines.
15. List before the Joint Registrar for marking of exhibits on the date fixed i.e. 2nd August, 2024. It is made clear that any party unjustifiably denying documents would be liable to be burdened with costs.
16. List before Court for framing of issues thereafter.
SANJEEV NARULA, J MAY 24, 2024 nk CS(COMM) 420/2023 Page 6 of 9 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 28/05/2024 at 21:49:07 Annexure-A CS(COMM) 420/2023 Page 7 of 9 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 28/05/2024 at 21:49:07 CS(COMM) 420/2023 Page 8 of 9 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 28/05/2024 at 21:49:07 CS(COMM) 420/2023 Page 9 of 9 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 28/05/2024 at 21:49:07