Gujarat Cooperative Milk Marketing ... vs Rishabh Kaushal & Ors on 2 August, 2021

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Delhi High Court - Orders

Gujarat Cooperative Milk Marketing ... vs Rishabh Kaushal & Ors on 2 August, 2021

Bench: C.Hari Shankar

                          $~19(Original Side)
                          *     IN THE HIGH COURT OF DELHI AT NEW DELHI
                          +     CS(COMM) 273/2021, I.A. 9384/2021 & I.A. 9385/2021
                                GUJARAT COOPERATIVE MILK MARKETING
                                FEDERATION LTD & ANR.                  ..... Plaintiffs
                                                Through:   Mr. Chetan Sharma, Sr. Adv.
                                                           With Mr. Abhishek Singh, Mr.
                                                           R V Prabhat, Mr. Amit Gupta,
                                                           Mr. Vinay Yadav, Mr. Akshay
                                                           Gadeock, Mr. Sahaj Garg, Mr.
                                                           J.Amal Anand & Ms. Elvin
                                                           Joshy, Advs.

                                                versus

                                RISHABH KAUSHAL & ORS.            ..... Defendants
                                            Through: Mr. Parag P. Tripathi, Sr. Adv.
                                                      With Mr. Tejas Karia, Mr. Ajit
                                                      Warrier, Mr. Gauhar Mirza, Mr.
                                                      Shyamal Anand, Ms. Malikah
                                                      Mehra, Mr. Thejesh Rajendran
                                                      & Ms. Mishika Bajapai, Advs.
                                                      for D2
                                                      Mr. Deepak Gogia & M. Jithin
                                                      M George, Advs. for D3
                                                      Mr. Neel Mason, Mr. Vihan
                                                      Dang & Mr. Shivang Sharma,
                                                      Advs. For D6

                                CORAM:
                                HON'BLE MR. JUSTICE C.HARI SHANKAR
                                          ORDER

                          %               02.08.2021
                                    (Video-Conferencing)

I.A. 9384/2021 (under Order I, Rule 10 and Section 151 of CPC, 1908- for impleadment) & I.A. 9385/2021 (under Order XXXIX, Rules 1 & 2 and Section 151 of CPC, 1908- seeking ad interim Signature Not Verified Digitally Signed By:SUNIL SINGH NEGI CS(COMM) 273/2021 Page 1 of 4 Signing Date:04.08.2021 21:55:00 injunction)

1. I.A. 9384/2021 seeks impleadment of three additional defendants as Defendants 4, 5 and 6. I.A. 9385/2021 seeks interim prayers against said new defendants.

2. At the outset, Mr. Parag Tripathi, learned Senior Counsel for Defendant No. 2, and Mr. Neel Mason, learned Counsel for proposed Defendant No. 6, object to the impleadment of Defendant Nos. 4 and 5 through Defendant Nos. 2 and 6. They submit that Defendant Nos. 2 and 6 are intermediaries and cannot be regarded as tortfeasors in respect of any tort which may have been committed by Defendant Nos. 4 and 5.

3. Mr. Chetan Sharma, learned Senior Counsel, appearing for the plaintiff, submits that the plaintiff impleaded Defendant Nos. 4 and 5, through Defendant Nos. 2 and 6, only because the Basic Subscriber Information (BSI) of Defendant Nos. 4 and 5, is unknown and only their e-mail ids are available.

4. A perusal of these applications reveals that Defendant Nos. 4 and 5 are guilty of posting messages identical to those posted by Defendant No. 1, which this Court interdicted on 4th June, 2021.

5. Similar directions would have to be passed in respect of Defendant Nos. 4 and 5.

Signature Not Verified Digitally Signed By:SUNIL SINGH NEGI CS(COMM) 273/2021 Page 2 of 4 Signing Date:04.08.2021 21:55:00

6. Accordingly,

(i) Defendant No. 4 & 5 are directed to suspend, forthwith, the URLs mentioned in Paras 6 and 9 of I.A. 9385/2021, in case they are still in existence or have not been deleted.

(ii) Defendant No. 4 & 5 are restrained from dealing with the plaintiffs' "Amul", trademarks, logos, advertisements, or any word confusingly or deceptively similar thereto, and

(iii) Defendant No. 4 & 5 are restrained from uploading, on any other web page or social media account, any material which would be defamatory of the plaintiff or containing materials similar to that reflected in Paras 41 to 52 of the present plaint.

7. Learned Counsel for Defendant Nos. 2 and 6 are also directed to provide, in an encrypted format, to this Court, the Basic Subscriber Information of Defendant Nos. 4 and 5, before the next date of hearing.

8. Issue notice. Notice is accepted on behalf of the defendants by Mr. Tejas Karia on behalf of Defendant No.2, Mr. Deepak Gogia on behalf of Defendant No.3 and Mr. Neel Mason on behalf of proposed Defendant No. 6. Responses, if any, be filed within three weeks, with advance copy to learned Counsel for the applicant, who may file rejoinder thereto, if any, before the next date of hearing.

Signature Not Verified Digitally Signed By:SUNIL SINGH NEGI CS(COMM) 273/2021 Page 3 of 4 Signing Date:04.08.2021 21:55:00

9. Accordingly, re-notify on 2nd September, 2021.

C.HARI SHANKAR, J AUGUST 2, 2021 ss Signature Not Verified Digitally Signed By:SUNIL SINGH NEGI CS(COMM) 273/2021 Page 4 of 4 Signing Date:04.08.2021 21:55:00

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Delhi High Court - Orders