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1. This hearing has been done through hybrid mode.

2. The present suit seeks permanent injunction restraining Defendant Nos. 1&2, from using the mark 'Shopperstop', stated to be deceptively similar to the Plaintiff's mark 'Shoppersstop', as also reliefs of passing off, dilution, unfair competition, delivery up, rendition of accounts, damages, etc. Vide the previous order dated 8th October, 2020, an interim injunction was granted in the following terms:

"8. Defendant no. 5 shall produce documents and records concerning the bank account no. 920020017692170, maintained with it in the name of SHOPPERSTOP. Besides this, the KYC details of the account holder will also be furnished. XXX
14. Accordingly, till the next date of hearing, defendant nos. 1 to 3, are restrained from using the impugned mark or any other mark which is deceptively similar to plaintiffs trademark.
14.1 Furthermore, defendant no. 4 i.e. GoDaddy.com, LLC which is the Domain Name Registrar is directed to suspend/block the following domain name, "shopperstop.co.in"."

3. Defendant No.4/GoDaddy LLP (hereinafter "GoDaddy") was also directed to block the impugned domain name of the Defendants being 'shopperstop.co.in'. Further, Defendant No.5/Axis Bank (hereinafter "Bank") was directed to provide KYC details of a bank account being operated in the name of 'SHOPPER STOP', being bank account No.920020017692170, which was stated to be used by the Defendants to collect monies from gullible persons, believing that it was connected to the Plaintiff's brand.

10. As is evident from the record, this Court was compelled to pass the said order in view of the complete non-compliance of the order passed by this Court on 8th October, 2020, by which the Bank was directed to produce the KYC documents and records relating to Defendant No.1, who was operating a bank account in the name of 'SHOPPER STOP'. A perusal of the order sheet shows that on various dates being 1st December, 2020, 27th January, 2021, 19th March, 2021, the Bank was repeatedly served with the said order and issued notice through registered post and courier, email as also through ld. Counsel for the Plaintiff. Despite this, the Bank did not disclose the said data or enter appearance leading to the order dated 6th August, 2021. The same reads as under:

13. Mr. Lucky Jain, Manager of the Bank, submits that the documents and the communications which were served upon the Bank were not clear as to what the Bank was expected to do. Hence, though two to three visits were made by him to the Police Station, to enquire as to the further proceedings qua the Court notices. Since there was no clarity from the police officials either, there was an error on part of the Bank in not complying with the order.

14. This Court does not believe that the explanation given by Mr. Lucky Jain justifies the conduct of the Bank in this case, of non-compliance of the orders. However, the requisite KYC details in terms of the order dated 8th October, 2020, along with the bank account statement, have been produced by the Bank in a sealed cover, which has been perused by the Court. The said KYC details and bank statement run into 18 pages. As per the account opening form of the Bank, the account under the name 'SHOPPER STOP' was opened by one Shri Akash Bourasi in Indore on 20th July, 2020. The various details of identity cards of the said individual, including the Aadhaar Card, PAN Card and bank statement have been placed on record.