$~5(OS), 1(OS) to 4(OS)& 6(OS)36(OS)
* IN THE HIGH COURT OF DELHI AT NEW DELHI
st
Date of Decision: 21 December, 2024
| Mr. Dayan Krishnan Senior Advocate | |
| with Mr. Alipak Banerjee, Mr. Parva | |
| Khare, Mr. Brijesh Ujjainwal | |
| Advocates for D-4. (M:9987115749) | |
| Mr. Akshay Goel, Mr. Shivam Narang | |
| & Mr. Lalit Kashyap, Advocates. | |
| Mr. Mr. Shubhendu Anand, Mr. | |
| Piyush M. Dwivedi, Advs. | |
CS (COMM) 135/2022& connected matters Page 1 of 31
Signature Not Verified
Digitally Signed
By:RAHUL
Signing Date:25.12.2024
14:26:11
| (M:7827709253) | | |
|---|
| Mr Kushal Gupta & Mr. Mohd Umar | | |
| Advocates. | | |
| Mr. Tanmaya Mehta,Ms. Rashmi | |
| Gogoi and Ms. Riya Rathi, Advs. | (M: |
| Banerjee, | Ms. Shweta Sahu Advocate, | |
|---|
| Mr. Parva Khare, Mr. Brijesh | | |
| Ujjainwal, Advs. | | for D-5. |
| Mr. Akshay Goel, Mr. Shivam Narang | | | |
| & Mr. Lalit Kashyap, Advocates | | | |
| Mr. Akshay Goel, Mr. Shivam Narang | | | |
| & Mr. Lalit Kashyap, Advocates. | | | |
| Mr. Sanjay Gupta, Mr. Ateev Mathur | | | | |
| & Mr. Amol Sharma, Advs for HDFC | | | |
| Bank. (M. 9958609042) | | | |
CS (COMM) 135/2022& connected matters Page 2 of 31
Signature Not Verified
Digitally Signed
By:RAHUL
Signing Date:25.12.2024
14:26:11
| Ms. Shweta Sahu, Mr. Parva Khare, | |
| Ms. Aishwarya Jain, Mr. Brijesh | |
| Ujjainwal Advs. | for D-26. |
| Banerjee, | Ms. Shweta Sahu Advocate, | |
|---|
| Mr. Parva Khare, Mr. Brijesh | | |
| Ujjainwal, Advs. | | (M:9987115749) for |
| Ms. Ekta Choudhary, Ms. Anisha, Mr. | |
| DivyankDutt Dwivedi, Advocates. | |
CS (COMM) 135/2022& connected matters Page 3 of 31
Signature Not Verified
Digitally Signed
By:RAHUL
Signing Date:25.12.2024
14:26:11
| Banerjee, | Ms. Shweta Sahu Advocate, | |
|---|
| Mr. Parva Khare, Mr. Brijesh | | |
| Ujjainwal, Advs. | | for |
| Mr. Darpan Wadhwa Sr. Adv, Mr. | |
| Alipak Banerjee, Ms. Shweta Sahu | |
| Mr. Parva Khare Mr. Brijesh | |
| Ujjainwal, Advs | for D-1 & 10. |
| Mr. Akshay Goel, Mr. Shivam Narang | |
| & Mr. Lalit Kashyap, Advocates | |
BAJAJ FINANCE LIMITED ..... Plaintiff
Through: Mr. Abhishek Singh, Mr. J. Amal
Anand, Mr Elvin Joshy, Mr Shashwat
CS (COMM) 135/2022& connected matters Page 4 of 31
Signature Not Verified
Digitally Signed
By:RAHUL
Signing Date:25.12.2024
14:26:11
| Tyagi & Ms Alisha Sharma, Advs. (M: | |
|---|
| 8802522592) | |
| Mr. Darpan Wadhwa Sr. Adv. with | |
| Mr. Alipak Banerjee,Ms. Shweta | |
| Sahu, Mr. Parva Khare, Mr. Brijesh | |
| Ujjainwal, Advs. | for D- |
| Mr. Rajshekhar Rao Sr. Adv with Ms. | | |
| Tine Abraham, Ms. Shivani Rawat, | | |
| Mr. Mohanakrishna C., Mr. Abhi Udai | | |
| Singh, Mr. Harshil Wason, | | |
| for D-28. (M: | 8054452858 | |
| Mr. Akshay Goel, Mr. Shivam Narang | | |
| & Mr. Lalit Kashyap, Advocates | | |
Through: Mr. Sidharth Chopra, Mr. Nitin
Sharma, Mr. Yatin Garg, Mr. Ranjeet
CS (COMM) 135/2022& connected matters Page 5 of 31
Signature Not Verified
Digitally Signed
By:RAHUL
Signing Date:25.12.2024
14:26:11
Singh, Mr. Vivek Ayyagari, Mr.
Angad Makkar, Mr. M. J. Sudarshan,
Ms. Ramya Aggarwal and Mr. Sohrab
Mann, Advocates.
versus
MEESHO ONLINE SHOPPING PVT. LTD. & ANR. ..... Defendants
| Mr. Darpan Wadhwa Sr. Adv, Mr. | | |
| Alipak Banerjee, Ms. Shweta Sahu, | | |
| Mr. Parva Khare, Mr. Brijesh | | |
| Ujjainwal Advocates | . for D-7. | |
| Mr. Akshay Goel, Mr. Shivam Narang | | |
| & Mr. Lalit Kashyap, Advocates | | |
| Through: | Mr. Anuj Srivastava, Adv. | | | | |
|---|
| (M:9999690774) | | | | |
| Mr. Piyush Singhal, Mr. Paras | | | | | |
| Khurana & Ms. Himanshi Jain, Advs. | | | | |
| for D-15. (M:8810488484) | | | | |
| Mr. YashuRustagi, Adv for Indian | | | | | |
| Bank (M. 8882149812) | | | | |
| Ms. Richa Kapoor, Mr. Kunal Anand | | | | | |
| & Ms. Sakshi, Advs. for D-19. | | | | |
CS (COMM) 135/2022& connected matters Page 6 of 31
Signature Not Verified
Digitally Signed
By:RAHUL
Signing Date:25.12.2024
14:26:11
| Sahu, Mr. Parva Khare, Mr. Brijesh |
|---|
| Ujjainwal Advocates for |
| Ms. | |
| Mr. Manish Mohan, CGSC for UOI. | | | . | |
| Ms. Yashika Kapoor and Mr. Parshant | | | | |
| Arora, Advocates for VI. | | | |
| Mr. Saif Khan Mr. Achuthan | |
| Sreekumar, Mr. Prajjwal Kushwah | |
| Ms. Imon Roy Mr. Achyut Tiwari Ms. | |
| Kanupriya Chawla, Mr. Swastik | |
| Bisarya Mr. Rohil Bansal Mr. Shivang | |
| Sharma, Advs. | |
CS (COMM) 135/2022& connected matters Page 7 of 31
Signature Not Verified
Digitally Signed
By:RAHUL
Signing Date:25.12.2024
14:26:11
| Mr. Kushagra Goel, Mr Lovesh Goel, | | |
| Ms. Tanya Singhal, | Advs. for D-7. | |
| Mr. Akshay Goel, Mr. Shivam Narang | | |
| & Mr. Lalit Kashyap, Advocates | | |
| Mr. Saif Khan Mr. Achuthan | |
| Sreekumar,Mr. PrajjwalKushwah Ms. | |
| Imon Roy Mr. Achyut Tiwari Ms. | |
| Kanupriya Chawla, Mr. Swastik | |
| Bisarya Mr. Rohil Bansal Mr. Shivang | |
| Sharma, Advs | . |
| Mr. Akshay Goel, Mr. Shivam Narang | |
| & Mr. Lalit Kashyap, Advocates | |
| Mr. Himanshu Bagai and Ms. | |
| Akanksha Singh, Advs. | |
CS (COMM) 135/2022& connected matters Page 8 of 31
Signature Not Verified
Digitally Signed
By:RAHUL
Signing Date:25.12.2024
14:26:11
| Mr. Akshay Goel, Mr. Shivam Narang |
|---|
| & Mr. Lalit Kashyap, Advocates |
| |
| Mr. Saif Khan Mr. Achuthan | |
| Sreekumar,Mr. PrajjwalKushwah Ms. | |
| Imon Roy Mr. Achyut Tiwari Ms. | |
| Kanupriya Chawla, Mr. Swastik | |
| Bisarya Mr. Rohil Bansal Mr. Shivang | |
| Sharma, Advs. | |
| Mr. Akshay Goel, Mr. Shivam Narang | | |
| & Mr. Lalit Kashyap, Advocates | | |
| Mr. Alipak Banerjee, Ms. Shweta | | |
| Sahu, Mr. Parva Khare, Mr. Brijesh | | |
| Ujjainwal Advocates | for D-18. | |
| Mr Pravin Anand, Ms Vaishali Mittal | |
| & Mr Shivang Sharma, Advs. | |
CS (COMM) 135/2022& connected matters Page 9 of 31
Signature Not Verified
Digitally Signed
By:RAHUL
Signing Date:25.12.2024
14:26:11
| Goyal, | Mr L R Goyal | Advs for D-12. | |
|---|
| Mr. Akshay Goel, Mr. Shivam Narang | | | |
| & Mr. Lalit Kashyap, Advocates | | | |
| Mr Rajiv Kapur, Mr. AkshitKapur and | | |
| Mr. Aditya Saxena, Advs for SBI (M: | | |
| 9634644652). | | |
| Ms. Radhika Bishwajit Dubey, CGSC, | | | |
| Ms. Gurleen Kaur Waraich& Mr. | | |
| Karan Khetani, Advs. | | |
| Mr. Saif Khan Mr. Achuthan | |
| Sreekumar,Mr. PrajjwalKushwah Ms. | |
| Imon Roy Mr. Achyut Tiwari Ms. | |
| Kanupriya Chawla, Mr. Swastik | |
| Bisarya Mr. Rohil Bansal Mr. Shivang | |
| Sharma, Advs. | |
| Mr. Akshay Goel, Mr. Shivam Narang | |
| & Mr. Lalit Kashyap, Advocates | |
CS (COMM) 135/2022& connected matters Page 10 of 31
Signature Not Verified
Digitally Signed
By:RAHUL
Signing Date:25.12.2024
14:26:11
| Bisarya Mr. Rohil Bansal Mr. Shivang | |
|---|
| Sharma, Advs. | |
| Mr. Akshay Goel, Mr. Shivam Narang | |
| & Mr. Lalit Kashyap, Advocates | |
| Mr. Saif Khan Mr. Achuthan | |
| Sreekumar,Mr. PrajjwalKushwah Ms. | |
| Imon Roy Mr. Achyut Tiwari Ms. | |
| Kanupriya Chawla, Mr. Swastik | |
| Bisarya Mr. Rohil Bansal Mr. Shivang | |
| Sharma, Advs. | |
| Mr. Darpan Wadhwa Sr. Advocate, | |
| Mr. Alipak Banerjee, Ms. Shweta | |
| Sahu, Mr. Parva Khare, Ms. | |
| Aishwarya Jain, Mr. Brijesh | |
| UjjainwalAdvs | for D-2. |
| Mr. Saif Khan Mr. Achuthan | |
| Sreekumar,Mr. PrajjwalKushwah Ms. | |
| Imon Roy Mr. Achyut Tiwari Ms. | |
| Kanupriya Chawla, Mr. Swastik | |
| Bisarya Mr. Rohil Bansal Mr. Shivang | |
| Sharma, Advs. | |
CS (COMM) 135/2022& connected matters Page 11 of 31
Signature Not Verified
Digitally Signed
By:RAHUL
Signing Date:25.12.2024
14:26:11
| Mr. Akshay Goel, Mr. Shivam Narang | |
| & Mr. Lalit Kashyap, Advocates | |
| Mr. Saif Khan Mr. Achuthan | |
| Sreekumar,Mr. PrajjwalKushwah Ms. | |
| Imon Roy Mr. Achyut Tiwari Ms. | |
| Kanupriya Chawla, Mr. Swastik | |
| Bisarya Mr. Rohil Bansal Mr. Shivang | |
| Sharma, Advs. | |
| Mr. Akshay Goel, Mr. Shivam Narang | | |
| & Mr. Lalit Kashyap, Advocates | | |
| Mr. Shashi Shekhar Dixit, Adv. for | | | |
| Airtel (M. 8896447704) | | |
| Mr. Rishabh Dev Mishra, Advocate | |
| for Bharti Airtel Limited. | |
| Mr. Saif Khan Mr. Achuthan | |
| Sreekumar,Mr. PrajjwalKushwah Ms. | |
| Imon Roy Mr. Achyut Tiwari Ms. | |
| Kanupriya Chawla, Mr. Swastik | |
| Bisarya Mr. Rohil Bansal Mr. Shivang | |
| Sharma, Advs. | |
CS (COMM) 135/2022& connected matters Page 12 of 31
Signature Not Verified
Digitally Signed
By:RAHUL
Signing Date:25.12.2024
14:26:11
| Mr. Moazzam Khan, Ms. Shweta | |
| Sahu, Mr. Parva Khare, Ms. | |
| Aishwarya Jain, Mr. Brijesh | |
| Ujjainwal. Ms. Anvita Goel, Mr. | |
| Prince Kumar | , Advs for Go Daddy. |
| Khare, Mr. Brijesh Ujjainwal, | | Ms. |
|---|
| Anvita Goel, Mr. Prince Kumar, Mr. | | |
| Amrit Bhatia Advs. | | |
| Mr. Akshay Goel, Mr. Shivam Narang | |
| & Mr. Lalit Kashyap, Advocates | |
| Through: | Mr. Peeyoosh Kalra, Mr. C.A. Brijesh, | | |
| Mr. Krisna Gambhir, Ms. Simranjot | | |
| Kaur, Advocates (M:9899320646) | | |
| Mr. Ishith Arora, Adv. (M. | | | |
| 9654451996) | | |
CS (COMM) 135/2022& connected matters Page 13 of 31
Signature Not Verified
Digitally Signed
By:RAHUL
Signing Date:25.12.2024
14:26:11
| Ujjainwal Advocates for D-29. | |
|---|
| Ms. | | Yashika Kapoor and Mr. P |
| Ms. Yashika Kapoor and Mr. Parshant | |
| Arora, Advocates for VI. | |
| Mr. Rishi Kapoor & Ms. Yashika | |
| Kapoor, Advocates for D-3. | |
CS (COMM) 135/2022& connected matters Page 14 of 31
Signature Not Verified
Digitally Signed
By:RAHUL
Signing Date:25.12.2024
14:26:11
| Mr Ankit Rastogi and Mr Saransh | |
| Saini, Advocates. | |
| Mr. Anupam Kumar Mishra and Ms. | | |
| Keya Rawat, Advocates. | | |
| Mr. Akshay Goel, Mr. Shivam Narang | | |
| & Mr. Lalit Kashyap, Advocates | | |
| Ms. Rima Majumdar, Ms. Saakshi | |
| Khandelwal and Mr. Aaditya Vats | , |
| Mr. Shubhendu Anand, | Mr. Akshat |
| Kaushik, Mr. Piyush M. Dwivedi | |
| Mr. Kartik Bhalla, Adv. for ICICI | |
| Bank (M. 9818707178) | |
| Mr. Alipak Banerjee, Ms. Shweta | |
| Sahu, Mr. Parva Khare, Mr. Brijesh | |
| Ujjainwal | for D-5, 2, 6 7, & 8. |
CS (COMM) 135/2022& connected matters Page 15 of 31
Signature Not Verified
Digitally Signed
By:RAHUL
Signing Date:25.12.2024
14:26:11
| Mr Rajiv Kapur& Mr Akshit Kapur, | | | | | |
| Mr Tushar Bagga, Advocates. | | | | | |
| Mr Yashu Rustagi, Adv. for BOB. | | | | | |
| Mr. Moazzam Khan, Mr. Alipak | | | | | | |
| Banerjee, Ms. Shweta Sahu, Mr. Parva | | | | | |
| Khare, Mr. Brijesh Ujjainwal Ms. | | | | | |
| Anvita Goel Mr. Prince Kumar Mr. | | | | | |
| Amrit Bhatia Advs. for D-5. | | | | | |
| Mr. Akshay Goel, Mr. Shivam Narang | | | | | | |
| & Mr. Lalit Kashyap, Advocates | | | | | |
| Mr. Tushar Singh & Ms. Trisha | | | | | | |
| Patnaik, Advocates for D-25. | | | | | |
| Mr. Rajat Katyal & Mr. Harsh Sinha, | | | | | | |
| Adv. for Yes Bank. | | | | | |
| Mr. Rishabh Dev Mishra, Adv. for | | | | | |
| Bharti Airtel Limited. | | | | | |
| Sh. V. K Gupta, Sh. Sunil Shukla & | |
| Ms. Kaushiki Kashyap Advs for D-57 | |
| (M: 95822 06578). | |
| Mr. Harsh Sinha, | Adv. |
CS (COMM) 135/2022& connected matters Page 16 of 31
Signature Not Verified
Digitally Signed
By:RAHUL
Signing Date:25.12.2024
14:26:11
| Mr. Akshay Goel, Mr. Shivam Narang | |
| & Mr. Lalit Kashyap, Advocates | |
| Through: | Mr. Darpan Wadhwa Sr. Adv. Mr. | |
|---|
| Alipak Banerjee, Ms. Shweta Sahu, | |
| Mr. Parva Khare, Ms. Aishwarya Jain, | |
| Mr. Brijesh Ujjainwal Advs | for D-9. |
| Mr. Shubhendu Anand, Mr. Akshat | | |
| Kaushik, Mr. Piyush M. Dwivedi, | |
| Advs. for D-16 (M: 7827709253). | |
| Mr. Rohit Rattu, Adv. D-27 | |
| Mr Rajesh Kumar Gautam Adv, Mr | |
| Anant Gautam Adv, Mr R P Daida | |
| Adv, Mr Dinesh Sharma Adv, Ms | |
| AnaniAchumi, Ms Shivani Sagar, | |
| Advs. for R-51 (M. 8860853124) | |
| Sh. V. K Gupta, Sh. Sunil Shukla & | |
| Ms. Kaushiki Kashyap Advs. for D-57 | |
CS (COMM) 135/2022& connected matters Page 17 of 31
Signature Not Verified
Digitally Signed
By:RAHUL
Signing Date:25.12.2024
14:26:11
| Mr. Akshay Goel, Mr. Shivam Narang | |
| & Mr. Lalit Kashyap, Advocates | |
Through: Mr. Rishabh Gupta and Mr. Abhishek
Kumar Singh, Advocates.
Mr. Lakshy Aggarwal, Adv. for D-3.
Mr. Neel Mason, Mr. Vihan Dang, and
Ms. Aditi Umapathy, Advocates
Mr. Rishi Kapoor and Mr. Satish Rai,
Advocates for D-3. (M:8368148214)
Mr. Alipak Banerjee, Ms. Shweta
Sahu, Mr. Parva Khare, Mr. Brijesh
CS (COMM) 135/2022& connected matters Page 18 of 31
Signature Not Verified
Digitally Signed
By:RAHUL
Signing Date:25.12.2024
14:26:11
| Mr. Akshay Goel, Mr. Shivam Narang | | |
| & Mr. Lalit Kashyap, Advocates | | |
| Mr. Sudarshan Kumar Bansal and Mr. | | |
| Nikhil Sonker, Advocates. | | |
| Ms. Yashika Kapoor and Mr. Parshant | |
| Arora, Advocates for VI. | |
| Mr. Dushyant Mahant, Mr. | |
| UrfeeRoomi and Mr. Ayush Dixit, | |
| Advocates (M: 7011629381). | |
| Mr. Sandeep Kumar Mahapatra, Adv, | |
| CGSC; Mr. Tribhuvan, Adv for D-15 | |
| Mr. ApoorvKurup, CGSC; Ms. Nidhi | | |
| Mittal; Ms. Muskaan Gupta, Advs. for | |
| D-16 (M. 8826584325) | |
| Mr Naveen Kumar Jain, Adv. D-17 | |
| | |
| Mr. Akshay Goel, Ms. Vishali Nahar, | | |
| Mr. Paras Arora, Advs. for D-13. | |
CS (COMM) 135/2022& connected matters Page 19 of 31
Signature Not Verified
Digitally Signed
By:RAHUL
Signing Date:25.12.2024
14:26:11
| Mr Firoz Iqbal Khan, Mohd Shad | | | |
| Advocate, Advs. for D-4 | | | |
| Mr. Rishabh Dev Mishra, Advocate | | | |
| for Bharti Airtel Limited | | | |
| Mr. Alipak Banerjee, Ms. Shweta | | | |
| Sahu, Mr. Parva Khare, Mr. Brijesh | | | |
| Ujjainwal Advs. | for D-19. | | |
| Mr. Akshay Goel, Mr. Shivam Narang | |
| & Mr. Lalit Kashyap, Advocates | |
| Mr. Alipak Banerjee, Ms. Shweta | |
| Sahu, Mr. Parva Khare, Mr. Brijesh | |
| Ujjainwal Advs. | |
| Mr. | Sandhya Chawla |
| Mr. Rishabh Dev Mishra, Adv. for | |
CS (COMM) 135/2022& connected matters Page 20 of 31
Signature Not Verified
Digitally Signed
By:RAHUL
Signing Date:25.12.2024
14:26:11
| Bharti Airtel. | | |
|---|
| Mr. Akshay Goel, Mr. Shivam Narang | | |
| & Mr. Lalit Kashyap, Advocates | | |
| Ms. Yashika Kapoor and Mr. Parshant | |
| Arora, Advocates for VI. | |
| Mr Prashant Prakash, Mr. Varun | |
| Pathak, Ms. Amee Rana, and Mr. | |
| Vishesh Sharma, Advs. for D-4. | |
| Mr. Rishabh Dev Mishra, Advocate | |
| for Bharti Airtel Limited. | |
| Mr. Akshay Goel, Mr. Shivam Narang | |
| & Mr. Lalit Kashyap, Advocates | |
CS (COMM) 135/2022& connected matters Page 21 of 31
Signature Not Verified
Digitally Signed
By:RAHUL
Signing Date:25.12.2024
14:26:11
| Ms. Yashika Kapoor and Mr. | |
| ParshantArora, Advocates for VI. | |
| Through: | Mr. Rishabh Dev Mishra, Advocate | | | |
| for Bharti Airtel Limited. | | | | |
| Mr. Rahul Chauhan, Ms. Aishwarya<br>Mishra Advocates for D-21. | | Rahul Chauhan, Ms. Aishwarya | | |
| Mishra | | Advocates for D-21. | |
| Mr. Akshay Goel, Mr. Shivam Narang | |
| & Mr. Lalit Kashyap, Advocates | |
| Mr Chandrashekhar Chakalabbi, Ms | |
| Aishwarya Hiremath | |
| &VarnikKundaliya, Advs. for D-20 | |
CS (COMM) 135/2022& connected matters Page 22 of 31
Signature Not Verified
Digitally Signed
By:RAHUL
Signing Date:25.12.2024
14:26:11
| Mr. Navneet Mishra, Adv. for Ms. | |
| Ritu Mishra Adv. for D-6 (M: | |
| 9318374047). | |
| Mr. Harshal Arora, Adv. for D-5. | | |
| Mr. Varun Pathak, Ms. Amee Rana, | | |
| &Mr. Vishesh Sharma, Advs. for D-4. | | |
| Mr. Akshay Goel, Mr. Shivam Narang | | |
| & Mr. Lalit Kashyap, Advocates | | |
CS (COMM) 135/2022& connected matters Page 23 of 31
Signature Not Verified
Digitally Signed
By:RAHUL
Signing Date:25.12.2024
14:26:11
| Ms. Meenakshi Ogra, Mr. Tarun |
|---|
| Khurana, Mr. Rishi Vohra & Ms |
| Chhavi Panday, Advs. |
| |
| Mr Rajesh Kumar Gautam, Mr Anant | | |
| Gautam, Mr R P Daida, Mr Dinesh | | |
| Sharma, Ms AnaniAchumi, Ms | | |
| Shivani Sagar, Advs. for R-11 | | |
| Mr. YashuRustagi, Adv for Indian | | | |
| Bank (M. 8882149812) | | |
| Mr. Kumar Vishwjeet, Adv. for D-15 | | | |
| Mr. Ramesh Kumar Mahaliyan, Adv. | |
| for D-20 (M. 8275092500) | |
| Mr. Alipak Banerjee, Ms. Shweta | | |
| Sahu, Mr. Parva Khare, Mr. Brijesh | |
| Ujjainwal Advs. for D-16 | |
| Through: Mr. Shashi Shekhar Dixit, Advocate<br>Mr Amit Mahaliyan, Adv. for Bank of<br>Maharashtra. (M:9899491980) | | Shashi Shekhar Dixit, Advocate | | | | | |
|---|
| Mr Amit Mahaliyan, Adv. for Bank of | | | | | | |
| Maharashtra. (M:9899491980) | | | | | | |
| Ms. Yashika Kapoor and Mr. Prashant | | | | | | | |
| Arora, Advocates for D-14. | | | | | | |
| Mr. Alipak Banerjee, Mr. Parva | | | | | | | |
| Khare, Mr. Brijesh Ujjainwal | | | | | | |
| Advocates for | | D-16 | (M:9987115749). | | | |
| Ms. Shivani Shah, Mr. Amandeep | | | | | | | |
| Singh, Ms. Amrita Rana, Mr. Vinay | | | | | | |
| Ranjan, Mr. Manu Pratap Singh, Advs | | | | | | |
| for D-20 (M: 9005669985). | | | | | | |
| Ms. Radhika Bishwajit Dubey, CGSC, | | | | | | | |
| Ms. Gurleen Kaur Waraich& Mr. | | | | | | |
CS (COMM) 135/2022& connected matters Page 24 of 31
Signature Not Verified
Digitally Signed
By:RAHUL
Signing Date:25.12.2024
14:26:11
| Karan Khetani, Advs. |
|---|
| (34) WITH | |
| Mr. Alipak Banerjee, Ms. Shweta | |
| Sahu, Mr. Parva Khare, Mr. Brijesh | |
| Ujjainwal | for D-12 (M: 9987115749) |
| Mr Abhishek Singh, Mr Elvin Joshy, | |
| Mr J Amal Anand, Mr Shashwat | |
| Tyagi, Ms Alisha Sharma, Advs. | |
| Mr. Rajshekhar Rao Sr. Adv with Ms. | |
| Tine Abraham, Ms. Shivani Rawat, | |
| Mr. Mohanakrishna C., Mr. Abhi Udai | |
| Singh, Mr. Harshil Wason, | |
| for D-33. (M: | 8054452858 |
| Mr Nitinjya Chaudhry, Sr Panel | |
| Counsel with Mr Rahul Mourya, Adv. | |
| for D-35 & 36 (M: 9810103680). | |
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Signing Date:25.12.2024
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Mr. Susmit Pushkar, Mr. Anchit
Oswal, Mr. Gaurav Sharma, Ms.
Naina Agarwal, Advs. for D-38.
Ms. Jagriti Bharti, Adv. for Mr.
Ramesh Babu, Adv. for D-39/RBI
Mr. Nitinjya Chaudhry, Senior Panel
Counsel with Mr. Rahul Mourya
Advs. for D-35
Mr. Mrinal Ojha, Mr. Debarshi Dutta,
Mr. Arjun Mookerjee, Mr. Shivam
Tiwari, Ms. Nikita Rathi, Mr. Rishabh
Agarwal, Advs. for D-27.
(36) AND
+ CS (COMM) 610/2023 & I.A. 16723/2023, 647/2024
CRESSET CAPITAL MANAGEMENT LLC & ANR. ..... Plaintiffs
| Through: | Mr. Mrinal Ojha, Mr. Debarshi Dutta, |
|---|
| Mr. Arjun Mookerjee, Mr. Shivam |
| Tiwari, Ms. Nikita Rathi, Mr. Rishabh |
| Agarwal, Advs. for D-6. |
| |
Prathiba M. Singh, J. (Oral)
1. This hearing has been done through hybrid mode.
2. These are part heard matters. The present batch of matters relate to
domain names being registered by unknown third parties infringing trade
mark rights of various brand owners and implementation of Court orders by
the Domain Name Registrars (‘DNR’s). In response to the challenges arising
out of unauthorised registrations, from time to time, various directions have
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been passed by this Court in respect of blocking, locking and suspending of
the infringing domain names, and implementation of Court orders by various
DNRs which may or may not be located in India.
3. Mr. Gupta, ld. Counsel appearing on behalf of three banks i.e., HDFC
Bank, Kotak Mahindra Bank, and CTBC Bank Co. Ltd. submits that, insofar
as his clients are concerned, the Central Economic Intelligence Bureau
(hereinafter, ‘ CEIB ’) has circulated an Office Memorandum which requires
the banks to adhere to updated Standard Operating Procedure (hereinafter,
‘ SoP ’), whenever information is requested by the Law Enforcement Agencies
(LEAs). It is his submission that the said SoP was circulated on 31st May,
2024 by the Government of India, but the SoP has not yet been fully
implemented by the banks.
4. Ld. Counsel for the RBI refutes this position and submits that in the
affidavit dated 2nd July, 2024 it was clearly mentioned that all banks have to
adhere to the SoP, which has been circulated. She refers to paragraph 6 of the
said affidavit to argue that Indian Bank Association (hereinafter, ‘IBA’ ) had to
take up the matter with CEIB for amending the SoP, as per the email dated
10th January, 2024.
5. The above discussion would show that insofar as the said SoP for
sharing information with LEAs is concerned, the IBA has to ensure the
implementation of the same by the banks, which has not yet been done.
6. The banks contend today that the SoP is still not a binding document.
Mr. Gupta, at this stage, submits that he would then have to seek instructions
in the matter and apprise the Court as to whether the said SoP has actually
been followed or not.
7. Accordingly, issue court notice to Mr. Rajesh Kumar Gautam , ld.
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Counsel for Indian Bank Association (IBA) (M: 9811252434, email
rajeshgautam@klmehta.net ) in this matter for seeking instructions. Let an
affidavit be filed on behalf of the IBA as to whether it has advised all the
banks to ensure that the SoP is fully and strictly adhered to and also whether
the same was circulated to all the banks or not.
8. In addition, Mr. Gupta ld. Counsel shall also to take instructions from
the banks he is representing about the implementation of the SoP.
9. Both ld. Counsel for IBA and Mr. Gupta shall also seek instructions
and file an affidavit on how much period is taken for freezing bank accounts
after a Law Enforcement agency request and/or order of the Court is furnished
to the banks.
10. Insofar as the Reserve Bank of India (‘RBI’) is concerned, it is
submitted by Ms. Jagriti, ld. Counsel appearing for Mr. Ramesh Babu, that an
affidavit was filed by the RBI and was considered by the Court on 2nd July,
2024. The affidavit had clearly stated that the Beneficiary Name Lookup
Facility would be implemented by the end of December, 2024. Paragraph 5 of
the said affidavit reads as under:
“5. The facility can also be used with other payment
systems that use the same combination of account
number and IFSC or Mobile number and MMID
(which includes RTGS and NEFT). The banks will
be advised by end December 2024 to extend the
same beneficiary name lookup facility to their
customers using RTGS and NEFT payment
systems. ”
11. In respect of the above, ld. Counsel for RBI has handed across a press
release dated 9th October, 2024, as per which she submits that insofar as UPI
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and IMPS is concerned, remitter can verify the name of the receiver before
initiation of payment transaction.
12. However, the said system for verification of name of the receiver is yet
to be implemented in RTGS and NEFT payment methods. She further
submits that the said system for NEFT and RTGS payment methods has been
developed and is under testing. The system’s name is Beneficiary’s Name
Lookup Facility. The said facility is now going to be made available to the
member banks and the guidelines would be issued shortly.
13. Steps being taken by the RBI to for implementation of the said
Beneficiary’s Name Lookup Facility for RTGS and NEFT transactions are
extremely crucial to prevent cyber fraud like the kind of fraudulent activity
that are being dealt in this case. The RBI shall , without any delay, create the
said facility referred to as, Beneficiary’s Name Lookup Facility in terms of its
affidavit and the press release dated 9th October, 2024 as also in terms of
various previous orders of this Court. Delay in the implementation is likely to
impact thousands of innocent consumers, who make payments without
realising who is the beneficiary.
14. Let the RBI expeditiously activate the said system of Beneficiary’s
Name Lookup Facility and inform the IBA and its member banks of the said
facility, which could be implemented by the Banks.
15. Arguments by Mr. Anirudh Bhakru and Mr. Abhishek Singh, ld.
Counsels have concluded.
16. Mr. Pravin Anand, ld. Counsel has placed a compilation before the
Court and has highlighted services, which are being operated by GoDaddy
LLC on GlobalBlock and GlobalBlock+ wherein, according to ld. Counsel,
GoDaddy is choosing to charge substantial sums for more than Rs.2.7 lakhs
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for providing the services.
17. According to Mr. Anand, the services are being given by GoDaddy for
protection of brands including for those which provide deceptively similar
brands, homoglyph, variations and domain names with typographical errors
of brands.
18. He further submits that this service, which is being offered, clearly
shows that GoDaddy has the wherewithal to implement the orders passed by
the Court, which it is failing to do as a DNR.
19. In addition, reliance is also placed upon the stand of Verisign Inc. in
another matter – CS(Comm) 197/2024 where Verisign Inc., as a Registry, has
taken the position that the issues relating to blocking of domain names are
purely in the domain of the DNR itself and not the Registry. A set of
documents, in this regard has been handed over to ld. Counsel for GoDaddy.
20. On these two aspects i.e. , with respect to GlobalBlock and
GlobalBlock+ services as also with regard to the difference between DNR
and Domain Registry, GoDaddy shall file an affidavit at least two weeks
before the next date of hearing.
21. List the batch of matters for hearing on 7th February, 2025.
22. Insofar as the specific matters and the applications pending therein are
concerned, the same are listed as per the following table:
| S. No. | Case No. | Next Date of Hearing |
|---|
| 1 | CS(COMM) 350/2020 (Item 2) | 16th January, 2025 |
| 2 | CS(COMM) 176/2021 (Item 3) | 16th January, 2025 |
| 3 | CS(COMM) 228/2021 (Item 4) | 16th January, 2025 |
| 4 | CS(COMM) 135/2022 (Item 5) | 16th January, 2025 |
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| 5 | CS(COMM) 193/2019 (Item 8) | 16th January, 2025 |
|---|
| 6 | CS(COMM) 298/2019 (Item 10) | 16th January, 2025 |
| 7 | CS(COMM) 498/2020 (Item 13) | 24th January, 2025 |
| 8 | CS(COMM) 293/2021 (Item 17) | 24th January, 2025 |
| 9 | CS(COMM) 324/2020 (Item 22) | 24th January, 2025 |
| 10 | CS(COMM) 471/2020 (Item 24) | 24th January, 2025 |
| 11 | CS(COMM) 35/2022 (Item 29) | 24th January, 2025 |
| 12 | CS(COMM) 364/2022 (Item 32) | 24th January, 2025 |
| 13 | CS(COMM) 389/2022 (Item 34) | 24th January, 2025 |
PRATHIBA M. SINGH
JUDGE
dk/bh
DECEMBER 21, 2024/
th
corrected & released on 24 December, 2024
( )
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