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% 18.07.2022

1. Vide previous order dated 14th March, 2022, a mechanism was agreed upon with the consent of both the parties as to the manner in which the infringing/offending domain names would be deactivated or suspended by the Defendant No.2 - GoDaddy India Web Services Private Limited (hereinafter, "GoDaddy"). The said mechanism is set out below:

(d)Upon Defendant No.2's assurance that it would comply with the aforementioned order.

Plaintiff agrees that Defendant No.2 shall be deleted from the array of parties on the next date of hearing."

2. Today, Mr. Jayant Mehta, ld. Senior Counsel appearing for the Plaintiff that there are 26 domain names for which requests have been sent to GoDaddy between 30th May, 2022 to 18th June 2022. However, no action has been taken by GoDaddy in this regard. He submits that GoDaddy has also not responded as to the reasons for which the order dated 14th March, 2022 has not been implemented.

3. On the other hand, Mr. Darpan Wadhwa, ld. Senior Counsel, appearing for the Defendant No.2 - GoDaddy submits that the Plaintiff is merely disclosing the partial facts of the case. He submits that a total of 70 domain names were requested by the Plaintiff to be suspended/taken down. Out of those 70 domain names, 39 domain names have already been deactivated/suspended. Only 31 domain names have not yet been deactivated/suspended. Thus, GoDaddy has established its bona fides.

5. In response, Mr. Mehta, ld. Senior Counsel for the Plaintiff submits that emails have been written by ld. Counsel for the Plaintiff on 6th July, 2022, and the Plaintiff did not want the matter to precipitate as matter as he was hoping for a response from the ld. Counsel for GoDaddy. A reply was received that the ld. Counsel for GoDaddy would revert, however, he has not reverted in this regard till date.