Delhi High Court
M/S Alliance Business School & Anr vs Madhukar G Angur & Anr on 18 December, 2019
$~2 & 3
* IN THE HIGH COURT OF DELHI AT NEW DELHI
Date of decision: 18th December, 2019
+ CM(M) 1587/2018, CM APPLs. 53754/2018 & 53090/2019
M/S ALLIANCE BUSINESS SCHOOL & ANR ..... Petitioners
Through: Mr. Anand Sanjay and Mr. Suraj
Kaushik, Advocates. (M:
8076095280)
versus
MADHUKAR G ANGUR & ANR ..... Respondents
Through: Mr. Jayant K. Sud, Senior Advocate
with Mr. Priyanshu Upadhyay, Ms.
Saniya Sud and Mr. Amit Kumar,
Advocates for R-1.
WITH
+ FAO 121/2019, CM APPL. 13262/2019, 36212/2019 & 53093/2019
M/S ALLIANCE BUSINESS SCHOOL & ANR ..... Appellants
Through: Mr. Anand Sanjay and Mr. Suraj
Kaushik, Advocates.
versus
MADHUKAR G. ANGUR & ANR ..... Respondents
Through: Mr. Jayant K. Sud, Senior Advocate
with Mr. Priyanshu Upadhyay, Ms.
Saniya Sud and Mr. Amit Kumar,
Advocates for R-1.
CORAM:
JUSTICE PRATHIBA M. SINGH
Prathiba M. Singh, J. (Oral)
1. The proceedings arise out of a suit for permanent injunction filed by
Respondent No. 1 - Mr. Madhukar G. Angur against ERNET India, which is
the registrar of the domain name 'www.alliance.edu.in'. The dispute relates
to Alliance University (hereinafter, "University"), which is a private
University constituted under the Alliance University Act, 2010 passed by the
State of Karnataka.
2. Disputes have arisen between the two brothers who were in control of
CM(M) 1587/2018 & FAO 121/2019 Page 1 of 6
the University, namely, Mr. Madhukar G. Angur and Mr. Sudhir G. Angur.
There are various civil and criminal proceedings pending between them and
the entities/companies controlled by them. The dispute in the present case is,
however limited to the domain name.
3. One of the suits, in respect of the same domain name, is pending
consideration before the Court of Additional City and Sessions Judge at
Bengaluru. In the said suit, an order dated 25th February, 2017 has been
passed by the Additional City and Sessions Judge at Bengaluru. The
operative portion of the same reads as under:
"11. Point No.4 in view of my finding on the above
Points No.1 to 3, I proceed to passing the following:
Order
IA. I filed under Or. XXXIX Rules &2 r/w Sec.151 CPC
by the Plaintiff is hearby partly allowed as against the
1st defendant.
The 1st defendant or anybody acting on it's behalf
are restrained from receiving any requests from any
other person or entity other than the plaintiff and the
registrant owner of the website www.alliance.educ.in
M/s Alliance Business School represented by Mr.
Sudhir Aungur and causing any changes in the website,
parting with access keys or passwords, changing the
admin ID and password or acting in any other manner
that would give access to any third party other than the
plaintiff and registrant owner of the website M/s.
Alliance Business School represented by Mr. Sudhir
Angur, pending disposal of the suit.
No order as to costs."
4. The suit continues to remain pending. Another suit is also pending in
respect of the same domain name being Vivek Srivastava v. M/s Ernet India
before the Additional City and Sessions Judge at Bengaluru. In the suit,
CM(M) 1587/2018 & FAO 121/2019 Page 2 of 6
order dated 12th August, 2017 has been passed in the following terms:
"6. On perusal of all these facts and material, it
appears that the Plaintiff has got prima facie case in
his favour. So, at this stage it is suffice that the
Plaintiff is entitled for grant of an Ex-parte temporary
injunction against the Defendants as prayed for in IA
No.1 till the next date of hearing. If not, the very
purpose of the suit will be frustrated by delay. As such,
I am of the opinion to grant an Ex-parte T.I against the
Defendant, as prayed in IA. No.1 till the next date of
hearing.
According, I proceed to pass the following:
ORDER
against the Defendant till the next date of hearing.
Issue notice of I.A. NO. 1 & Suit summons to the
Defendant, if PF is paid.
The Plaintiffs to comply the provisions of Order
39 Rule 3(a) and (b) of CPC
CALL ON:18.09.17"
5. The domain name in issue is www.alliance.edu.in, over which both
the parties claim control. All the allegations and counter allegations are that
the said domain name and the website posted thereon are being used by the
parties to malign each other. The university has been established under the
Alliance University Act, 2010 and has a Board of Governors. It has
thousands of students enrolled, who are pursuing various courses in the
University. While the disputes between the two brothers ensue and are not
resolved, it is clear that the domain name and the website hosted by the
University cannot be misused by either of the parties for publication of any
objectionable material against each other. Under Section 23 of the Act, the
Board of Governors of the University is as under:
"The Board of Governors and its powers:-(1) The
Board of Governors shall consist of the following,
namely:
(i) The Chancellor - Chairperson
(ii)The Vice-Chancellor - Member
(iii)The Principal Secretary/
Secretary to the State
Government in the
Higher Education Department - Member
(iv)One eminent educationist and
Academician preferably a
Woman from the panel of
Names to be recommended
by the Visitor
(v)Three persons each of whom may
be nominated by the Sponsoring Body - Member
(vi)one eminent educationist nominee
of the University Grants Commission - Member"
6. In view of the fact that there are several independent persons on the
Board, and in any event the domain name needs to be controlled by an
independent person, and the content on the website ought to be periodically
monitored, the suit before the ld. Trial Court is decreed in the following
terms:
i. Neither Mr. Madhukar G. Angur nor Mr. Sudhir G. Angur, nor
anyone acting for or on their behalf shall publish any objectionable,
defamatory, libellous or maligning material against each other on the
website and domain name www.alliance.edu.in
ii. The domain name shall be exclusively used for the activities of the
University and not for airing any personal grievances of the two
brothers against each, other including their families.
iii. The content currently on the website is being monitored by the IT
Head of the University - Mr. Santosh Kawari. He shall continue to
monitor the content on the website. An affidavit of compliance shall
be filed before the ld. Trial Court by Mr. Santosh Kawari undertaking
to abide by the directions.
iv. The content on the website shall be monitored on a periodic basis by
Dr. V. B. Coutinho, Ex-Dean, Faculty of Law, Bangalore
University (9311263035) who is appointed as an `Administrator'
in respect of the website and domain name www.alliance.edu.in. The
content shall be transmitted on a periodic basis to the Ld.
Administrator by Mr. Santosh Kawari.
v. If either party has any objections to any content on the website they
are permitted to approach the Administrator who shall now be the
Administrative contact even for the domain name.
vi. Mr. Santosh Kawari shall handover to the Administrator the user
name and password of the domain name on or before 20th January,
2020 and the administrator shall change the password so as to ensure
that the control of the domain name remains with the Administrator
until the disputes between the parties are resolved.
vii. If any objection is received in respect of any content on behalf of any
party by the Administrator, the Administrator shall direct the
modification or removal of the said content within a period of one
week after receiving the objections.
viii. The fee of the Administrator is fixed at Rs.2 lakhs per month, to
which the parties have consented. The role of the Administrator
would be restricted to monitoring of the website, retaining control of
the website and to deal with any complaints or objections received by
either party.
ix. The parties are permitted to expand the role of the ld. Administrator,
who is a well-acknowledged academician, by mutual consent of both
brothers and the University, on agreed terms.
x. The mandate of the Administrator would end upon the University and
the warring brothers submitting a letter that they have resolved their
disputes finally. In these terms, the suit shall stand decreed.
7. An affidavit shall be filed by Mr. Santosh Kawari before this Court
within four weeks undertaking to comply with the above directions. The ld.
Trial Court shall draw up the decree sheet in the above terms.
8. In case any further directions are required to be passed in respect of
the Administrator / his role, the parties are permitted to approach this Court.
The present order shall be placed in the other two suits pending before the
Additional City and Sessions Judge, Bangalore for passing of appropriate
orders.
9. Upon a request by the Administrator, ERNET shall make the
necessary changes in respect of the administrative contact of the domain
name.
10. With these observations both the petitions and all pending
applications are disposed of. Dasti.
PRATHIBA M. SINGH
JUDGE
DECEMBER 18, 2019/dj
(Corrected and released on 8th January, 2020)
