The Capital Group Companies, Inc vs Ashok Kumar & Ors on 23 August, 2022

[Cites 2, Cited by 0]

Delhi High Court - Orders

The Capital Group Companies, Inc vs Ashok Kumar & Ors on 23 August, 2022

1. This application has been filed by the plaintiff praying for the early hearing of IA No. 12578 of 2022 filed by the plaintiff under Order XXXIX Rules 1 and 2 read with Section 151 of the Code of Civil Procedure, 1908 (in short, 'the CPC') seeking an ex-parte ad-interim injunction.

2. For the reasons stated in the application, the same is allowed and IA No. 12578 of 2022 is taken up for consideration today itself.

Signature Not Verified Digitally Signed By:SHALOO BATRA Signing Date:25.08.2022 15:07:15 IA No. 12577/2022

3. The learned counsel for the plaintiff also makes an oral prayer for the early listing of the present application filed under Order I Rule 10(2) read with Section 151 of the CPC, by which the plaintiff has requested for the impleadment of proposed defendants in the suit.

4. The learned counsel for the plaintiff submits that the same was listed before the learned Joint Registrar (Judicial) on 08.08.2022 and notice of the application has been issued to the proposed defendants, returnable on 14.09.2022.

5. As this is a John Doe suit and is at an initial stage, with only summons in the suit and notices on applications having been issued to already impleaded defendants, I see no reason why the said application seeking the impleadment of further defendants in the suit, necessity to implead whom had arisen only because of the disclosures made by already impleaded defendants as also from further information gained by the plaintiff of misuse of its trade mark, be not allowed.

6. Accordingly, IA No. 12577 of 2022 is also taken up for hearing today and is allowed. The amended Memo of Parties be filed by the plaintiff within a period of two days.

7. The date of 14.09.2022 before the learned Joint Registrar (Judicial) shall stand cancelled.

CS(COMM) 389/2022

8. As the defendant no. 23 has been impleaded in the suit, the learned counsel for the plaintiff states that the defendant no. 7 may be deleted from the array of parties. The prayer is accepted.

9. On the plaintiff taking steps and on filing of the amended Memo of Signature Not Verified Digitally Signed By:SHALOO BATRA Signing Date:25.08.2022 15:07:15 Parties, let summons in the suit be issued to all the newly-added defendants to be served through all modes, including electronically, returnable on 21st September, 2022.

10. The summons to the defendants shall indicate that the written statement(s) to the plaint shall be positively filed within a period of 30 days from the date of receipt of the summons. Along with the written statement(s), the defendants shall also file the affidavit(s) of admission/denial of documents of the plaintiff, without which the written statement(s) shall not be taken on record.

11. Liberty is given to the plaintiff to file the replication(s) within a period of 15 days from the date of receipt of the written statement. Along with the replication(s), if any, filed by the plaintiff, the affidavit(s) of admission/denial of documents of 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.

IA 12578/2022

12. Issue notice to all the newly-added defendants to be served through all modes, including electronically, returnable on 21st September, 2022.

13. Let reply(ies) to the application be filed by the defendants within a period of two weeks of receipt of notice. Rejoinder thereto, if any, be filed within a week thereafter.

14. By this application, the plaintiff prays for the following relief:-

"a) Direct the Defendant No. 12 to information about the channels- https://t.me/capitalfund001group;

t.me/Capital0011; https://t.me/SanjayGandhihisidim and https://t.me/CapitalSambhav ;

b) Direct the Defendant No. 13 to disclose Signature Not Verified Digitally Signed By:SHALOO BATRA Signing Date:25.08.2022 15:07:15 information about the registrant of the Impugned Website No. 6 (www.capitalgroupfinancialfund.net) and Impugned Website No. 10 (www.nwnna.com) and to suspend the Impugned Website No. 6 (www.capitalgroupfinancialfund.net), Impugned Website No. 10 (www.nwnna.com) and/or other similar/ mirror websites that may be identified by the Plaintiff and informed to the Defendant No. 13, within 48 working hours of such intimation;

c) Direct the Defendant No. 13 not to create any third party rights in the Impugned Website No. 6 (www.capitalgroupfinancialfund.net) and Impugned Website No. 10 (www.nwnna.com);

d) Direct the Defendant No. 14 to disclose information about the owner of the Twitter Accounts https://twitter.com/FundsCapital and https://twitter.com/Lucky86875151;

e) Direct the Defendant No. 14 to suspend other similar/ mirror accounts that may be identified by the Plaintiff and informed to the Defendant No. 14, within 48 working hours of such intimation;

f) Direct the Defendant No. 15 to disclose information about the owner of Account Nos. 252905500393 and 252805500412 and UPI ID- anasx019@icici;

g) Direct the Defendant No. 16 to disclose information about the owner of Account No. 10089183098 and UPI ID- 8095855973@idfcfirst and UPI ID- 8680882124@idfcfirst;

h) Direct the Defendant No. 17 to disclose information about the owner of Account No. 922020012542595 and UPI ID- fejan8059@okaxis;

i) Direct the Defendant No. 18 to disclose information about the owner of UPI IDkhushicollection@ aubank;

j) Direct the Defendant No. 19 to disclose information about the owner of UPI ID-sanny6718@barodampay;

                             k) Direct the Defendant No. 20 to disclose
                             information       about    the    owner      of   UPI
                             IDspaytmqr281005050101vfduszinnnb7@             paytm;

paytm- 70743053@paytm; paytm-69756811@paytm; paytm- 70193685@paytm; paytm-70568550@paytm; paytm- 70972973@paytm; paytm-69121297@paytm; paytm- 69256329@paytm;

l) Direct the Defendant No. 21 to disclose its connection with the Impugned Websites, Social Media Accounts and Mobile Application;

Signature Not Verified Digitally Signed By:SHALOO BATRA Signing Date:25.08.2022 15:07:15

m) Direct the Defendant No. 22 to provide information about the owner and creator of the Impugned Mobile Application called "Capital Funds";

n) Direct the Defendant No. 23 to provide information about the owner and creator of the Impugned Website No. 8- https://cricket7331234.wixsite.com/capitalfunds-2;

o) Direct the Defendant No. 24 to provide information about the owner and creator of the Facebook Page- www.facebook.com/permalink.php?story_fbid=11020 0908263989&id=110196221597791 and Instagram Accounts under the username- "_capital_group_" and "_imtiyaz_ali_prince_" and Whatsapp Account https://wa.me/17057024257;

p) Direct the Defendant No. 25 to disclose information about the owner of UPI ID-

uc040abc@dnsbank;

q) Direct the Defendant No. 26 to disclose information (such as Full Name, Address, etc.) about the owner of the Mobile Number +91 9863140324;"

15. The learned counsel for the plaintiff explains that pursuant to the order of this Court dated 01.06.2022, certain information was disclosed by the defendant no. 6, the defendant no. 7/Facebook India Online Services Private Limited also informed the plaintiff that the social-networking platforms Facebook, Instagram and Whatsapp are operated by a separate legal entity by the name of Meta Platforms Inc, which has been now impleaded as the defendant no. 23 in the suit. The learned counsel for the plaintiff submits that the interim order passed by this Court dated 01.06.2022 needs to be extended to newly-added defendant no. 23.

16. The learned counsel for the plaintiff further submits that in course of further investigation and information received, it has been found that there are three more websites, that is, (i) www.capitalgroupfinancialfund.net; (ii) www.nwnna.com; and (iii) https://cricket7331234.wixsite.com/capitalfunds-

Signature Not Verified Digitally Signed By:SHALOO BATRA Signing Date:25.08.2022 15:07:15

2, as also two Twitter accounts https://twitter.com/FundsCapital and https://twitter.com/Lucky8687515 have been discovered, which are not only misusing the trade marks of the plaintiff but are also defrauding unwary consumer into believing that there is some connection of these websites and twitter accounts with the plaintiff.

17. Having heard the learned counsel, the interim order of this Court dated 01.06.2022 is also directed to extend to the above websites and the Twitter accounts.

18. The plaintiff has also been informed that there are bank accounts being used by the rogue websites to collect money from unwary consumers, giving the impression that these websites are somehow connected to the plaintiff. The plaintiff, therefore, seeks information regarding the owners of such bank accounts and other information as sought for in the application.

19. This Court, by its interim order dated 01.06.2022 had, inter alia, issued the following directions:-

"29. The defendant no. 9 shall disclose information about the owner of UPI ID-

"BHARATPE09903727868@yesbankltd" and "BHARATPE09903724086@yesbankltd" and/or "Abi Technologies" and "Shakthivignesh D" in a sealed cover before this Court. Similar direction is also issued against defendant no. 10."

20. As at that stage only the said defendant was a party to the suit, the interim order passed by this Court dated 01.06.2022 shall, therefore, now extend to also to the newly-added defendant nos. 14 to 19 and 24 with respect to the bank accounts, details whereof have been given in the application. The information to be disclosed by these banks will be filed in a sealed cover before this Court.

Signature Not Verified Digitally Signed By:SHALOO BATRA Signing Date:25.08.2022 15:07:15

21. The newly-added defendant no. 12 shall also disclose the registrant information regarding the websites at Sl. nos. (i) and (ii) hereinabove; while newly-added defendant no. 22 shall disclose the information regarding the owner or creator of the website at Sl. No. (iii) hereinabove. The defendant nos. 12 and 22 shall also be bound by the directions earlier given and as contained in paragraph 22 of the order of this Court dated 01.06.2022 regarding the 'rouge websites'.

22. I may note that as far as the abovementioned Twitter accounts are concerned, Mr.Deepak Gogia , the learned counsel for defendant no. 13 submits that they have already been suspended. The defendant no. 13 shall, therefore, disclose the basic subscriber information regarding the holder of these accounts within a period of two weeks from today. It is further directed that in the event, the plaintiff comes across any other Twitter account using the name/trade mark of the plaintiff 'CAPITAL GROUP' as part of the account/profile name and indulging in alluring/defrauding customers into investing in ponzi/pyramid schemes through third-party websites created for this very purpose, the plaintiff shall notify the name and URL of the said account to the defendant no. 13. Upon receiving such notification from the plaintiff, the defendant no. 13 shall takedown such account within 72 working hours. In case the defendant no. 13 has any objection vis-à-vis the takedown of any such account pointed out by the plaintiff, it shall inform the plaintiff of the same within the above time frame, in which case, the plaintiff shall be entitled to move an appropriate application before this Court seeking appropriate relief against such account(s).

Signature Not Verified Digitally Signed By:SHALOO BATRA Signing Date:25.08.2022 15:07:15

23. As far as newly-added defendant no. 25 is concerned, it shall comply with the directions as given in paragraph 26 of the order of this Court dated 01.06.2022 with respect to the mobile phone number as mentioned in the application.

24. Compliance with Order XXXIX Rule 3 of the CPC be made within two days from today.

IA No. 9069/2022

25. The learned counsel for the defendant no. 7 (earlier defendant no. 8) points out that in paragraph 28 of the order of this Court dated 01.06.2022, while a direction has been issued to the defendant no. 7 to suspend other videos promoting/advertising the impugned websites and mobile phone identified by the plaintiff, similar liberty as granted for the websites in paragraph 24 has not been extended to the defendant no. 7. She prays that the same liberty be granted to the defendant no. 7 as well.

26. The learned counsel for the plaintiff does not oppose the prayer made.

27. Accordingly, paragraph 28 of the order of this Court dated 01.06.2022 shall read as under:-

"28. The defendant no. 8 is also directed to suspend the YouTube Channels "Financial Funds Capital Group"(http://www.youtube.eom/channel/UCnnAyiMl hnvZElv7nj0ekMQ) and "Capital Group Financial Funds"(http://www.youtube.eom/channel/UCKjGGP_ FhR6C3e3mvqbKl Ig) and other videos promoting and/or advertising the impugned website and mobile application identified by the plaintiff, details of URL of which shall be supplied by the plaintiff to the defendant no. 8. In case the defendant no. 8 finds the request of the plaintiff not to be acceptable for any reason, it shall inform the plaintiff of the same, on which, it shall be open to the plaintiff to file an appropriate application before this Court."

Signature Not Verified Digitally Signed By:SHALOO BATRA Signing Date:25.08.2022 15:07:15

28. List on 21st September, 2022, the date already fixed.

NAVIN CHAWLA, J AUGUST 23, 2022/rv/AB Signature Not Verified Digitally Signed By:SHALOO BATRA Signing Date:25.08.2022 15:07:15

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Delhi High Court - Orders