Bombay High Court
Hindustan Unilever Limited vs Endurance Domains Technology Llp And 10 ... on 29 July, 2019
Author: K.R.Shriram
Bench: K.R.Shriram
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41.NMCDL1213.19.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
IN ITS COMMERCIAL DIVISION
NOTICE OF MOTION (L) NO.1213 OF 2019
IN
COMM. SUIT NO.577 OF 2019
Hindustan Unilever Limited )....Applicant/Plaintiff
V/s.
Endurance Domains Technology LLP & Ors. )....Defendants
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Mr.Dinyar Madon, senior Advocate a/w Mr.Cyrus Ardeshir, Mr.Raj P.Panchamatia, Mr.peshwan Jehangir and Ms.Hyoti Sinha I/by Khaitan and Co. for applicant/plaintiff. Ms.Pooja Kshirsagar a/w Ms.Anshika Misra I/by AZB and Partners for defendant nos.1 & 3.
Mr.Durgaprasad Halwai I/by Singhi and Co. for defendant no.6. Ms.Vinita Hombalkar I/by Orbit Law Services for defendant no.13. Ms.Rajlaxmi Punjabi for defendant nos.14 & 15.
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CORAM : K.R.SHRIRAM,J DATE : 29.7.2019 P.C.:-
1. Ms.Punjabi for defendant nos.14 & 15 and Ms.Hombalkar for defendant no.13 undertake to file Vakalatnamas within one week from today, if not already filed. Both the counsel seek two weeks time to file affidavit-in-reply.
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2. Ms.Kshirsagar for defendant nos.1 and 3 states that defendant no.1 has been co-operating with plaintiff and the cyber cell but she has no control over domain which is controlled by defendant nos.14 & 15.
3. Mr.Madon-senior Counsel for plaintiff states that some unknown person is playing mischief and collecting money representing to be an agent of plaintiff. Mr.Madon states that defendant no.1, defendant no.14 and defendant no.15 should, upon receiving a complaint from plaintiff, forthwith block those websites, domains.
Mr.Madon states he will also consider if any indemnity is required to be given to defendant nos.1, 14 & 15 and based on his instructions will also provide the wordings.
4. Ms.Kshirsagar and Ms.Rajlaxmi Punjabi for defendant nos.14 & 15 state that they will take instructions.
5. Mr.Madon tenders further affidavit of one Raj Rajeshwari Shukla affirmed on 29.7.2019 in support of Notice of Motion. In paragraph-3 plaintiff has set out the bank account details given by defendant no.7 who is not represented in Court today. Mr.Madon seeks ad-interim relief in terms of prayer clause-(e) with respect to the KJ ::: Uploaded on - 31/07/2019 ::: Downloaded on - 31/07/2019 20:35:12 ::: 3/5
41.NMCDL1213.19.doc 4 accounts details of which are mentioned in the said paragraph-3.
The account details are as under :-
a) Mr Deepak Mahto Account No. 7212000100123496 Customer ID R05065201 Mobile No. of the Account Holder 8521635252 Address of the Account Holder West Champaran Bihar Address of the Branch Narkatiagunj - 845455 Type of Account Saving Balance as on 24 June 2019 Rs. 6348.77/-
b) Mr Dhiraj Kumar s/o Ramjanam Paswan Account No. 2391000100108379 Customer ID DNY009879 Mobile No. of the Account Holder 9973575349 Address of the Account Holder Village - Katauli, PO, Rustompur, Jehanabad, Bihar Address of the Branch Murgawan District, Jehanabad, Murgaon, Gaya, Bihar - 804426 Type of Account Saving Balance as on 24 June 2019 Rs. 4378.37/-
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c) Mr Mohd. Shahnavaj Account No. 6816000100022486 Customer ID R06343949 Mobile No. of the Account Holder 6209654391 Address of the Account Holder Gaffar Gali, Church Road, Ranchi G.P.O. Jharkhand Address of the Branch Morabadi, Ranchi -
834008
Type of Account Saving
Balance as on 24 June 2019 Rs. 9.60
d) Mr Sujeet Swarnakar
Account No. 0555000110159024
Customer ID R01383937
Mobile No. of the Account Holder 7325064738
Address of the Account Holder Barbigha, Bihar
Address of the Branch Barbigha District,
Sheikhpura, Barbigha,
Bihar - 811101
Type of Account Saving
Balance as on 24 June 2019 Rs. 1,26,488.41/-
6. Ad-interim relief in terms of prayer clause-(e) with respect to the accounts mentioned above is granted and prayer clause-(e) reads as under :-
"(e) pending hearing and final disposal of the present suit this Hon'ble Court, pleased to pas an order directing Respondents 6 to 8, 10, 11 and 13 to freeze the accounts and suspend all operations in the accounts fraudulently opened by Respondent No.5 in the name of the Plaintiff."
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7. Stand over to 13.8.2019 for directions subject to removal of office objections and numbering.
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