Delhi High Court - Orders
Mcdonalds Corporation & Anr vs National Internet Exchange Of India & ... on 28 July, 2021
Author: Anu Malhotra
Bench: Anu Malhotra
$~12
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CS(COMM) 324/2020 & I.A. 9044/2021
MCDONALDS CORPORATION & ANR. ..... Plaintiff
Through: Mrs. Bindra Rana, Ms. Priya
Adlakha, Ms. Rima Majumdar,
Advocates.
versus
NATIONAL INTERNET EXCHANGE OF INDIA & ORS.
..... Defendant
Through: Mr.Alipak Banerjee & Ms.Shweta
Sahu, Advocates for D-2, 5, 6 & 7.
Mr.Vivek Jain & Ms.Ekta
Khangawal, Advocates for D-18 and
28 (PNB)
Mr.Santosh Kumar Rout & Mr. Amit
Pradhan, Advocates for D-12 to 17 &
22.
Mr.Abhay Prakash Sahay, CGSC
with Ms.Mannu Singh, Advocate for
MEITY & DOT.
CORAM:
HON'BLE MS. JUSTICE ANU MALHOTRA
ORDER
% 28.07.2021 (hearing through Video Conferencing) I.A. 9044/2021 in CS(COMM) 324/2020 The matter is already fixed for the date 03.08.2021 and is now taken up on I.A. 9044/2021 filed on behalf of the plaintiff under Order 1 Rule 10 and Order 6 Rule 17 of the CPC seeking that MEITY and DOT be arrayed Signature Not Verified Digitally Signed By:SUMIT GHAI Signing Date:29.07.2021 15:47:52 This file is digitally signed by PS to HMJ ANU MALHOTRA.
as defendant nos. 35 & 36 to the plaint, in as much as, in view of their responses that had been sent to the letters sent by the plaintiff calling upon the said MEITY and DOT to block access to the impugned websitewww.mcdonaldfranchise.com with reliance placed on behalf of the plaintiff on the provisions of the Information Technology Act, 2000 and Rule 10 of the Information Technology (Procedures and Safeguards for blocking for access of information by Public) Rules, 2009 submitting to the effect that the responses that have been received from the said departments was that for the blocking of website an order from the Court is required.
Learned CGSC present accepts notice of the application on behalf of the MEITY and DOT. The copy of the said application be served to the learned CGSC by the plaintiff and the response of MEITY and DOT qua this application be filed before the next date of hearing.
Learned counsels present on behalf of the defendant nos.2, 5, 6 & 7 and on behalf of the defendant nos. 18 & 28 do not oppose the prayer made vide I.A.9044/2021 and notice of the said application be also issued to all other defendants who are not present today on taking of steps by the plaintiff.
The matter be re-notified for 03.08.2021, the date already fixed.
ANU MALHOTRA, J JULY 28, 2021 'Neha Chopra' Signature Not Verified Digitally Signed By:SUMIT GHAI Signing Date:29.07.2021 15:47:52 This file is digitally signed by PS to HMJ ANU MALHOTRA.