Delhi High Court
Kamdhenu Limited vs Raghunath Virdharam Bishnoi And ... on 23 March, 2022
Signature Not Verified
Digitally Signed
By:DEVANSHU JOSHI
Signing Date:29.03.2022
05:26:33
$~19
* IN THE HIGH COURT OF DELHI AT NEW DELHI
Date of Decision: 23rd March, 2022
+ CS (COMM) 524/2021 & I.A. 4506/2022
KAMDHENU LIMITED ..... Plaintiff
Through: Mr. S.K. Bansal, Advocate.
versus
RAGHUNATH VIRDHARAM BISHNOI AND ORS ..... Defendants
Through: Mr. Darpan Wadhwa, Sr. Advocate
with Mr. Moazzam Khan, Mr. Alipak
Banerjee, Ms. Aparimita Pratap, Mr.
Amer Vaid & Mr. Brijesh Ujjainwal,
Advocates for D-8 (M-9987115749)
Mr. Neel Mason, Mr. Vihan Dang,
Ms. Aditi Umapathy & Mr. Parva
Khare, Advocates for D-10/Google
LLC (M-9911983636).
Mr. H.V. Shankar, CGSC with Ms. S.
Bushra Kazim & Mr. Srish Kumar
Mishra, Advocates for UOI (M-
9810788606)
CORAM:
JUSTICE PRATHIBA M. SINGH
Prathiba M. Singh, J. (Oral)
1. This hearing has been done through hybrid mode.
I.A. 4506/2022 (for direction)
2. The present application has been filed by the Plaintiff-Kamdhenu
Limited, seeking various directions qua the illegal use of the
term/mark/name 'Kamdhenusteel' in various forms by known and unknown
Defendants.
3. The background of this case is that the Plaintiff adopted the trademark
'Kamdhenu' in 1994 and has been manufacturing, selling and offering for
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Signing Date:29.03.2022
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sale various products including TMT Bars, Cement, Real Estate, etc. It is
stated to be an ISO 9001:2008 certified company, with a market share of
around 20% of retail branded TMT Steel Bars in India. The Plaintiff is also
the registered owner of the trademark 'Kamdhenu' and its formative marks,
in various classes, including in Classes 6 and 35, registered between the
years 1996 and 2008. The flagship website/domain names of the Plaintiff are
'www.kamdhenuispat.com' and 'www.kamdhenulimited.com', stated to
have been registered in 1999 and 2016.
4. The Plaintiff realized sometime in 2021 that one Sh. Raghunath
Virdharam Bishnoi-Defendant No.1 with the address 5/2, Club Road,
Punjabi Bagh, Delhi and the email address - [email protected],
with various other addresses in Mumbai and Rajasthan, and certain unknown
people, had registered various domain names with the mark 'Kamdhenu',
such as the domain name 'www.kamdhenuishpat.com', copying the
trademarks/label/trade name/etc. of the Plaintiff. The case of the Plaintiff is
that the Defendants had portrayed themselves to be the representatives of the
Plaintiff-company and induced various third parties to enter into dealership
agreements with them, by impersonating the Plaintiff and its business. The
Plaintiff was made aware of the same when one entity informed them that it
had received multiple calls from mobile numbers +91-8291921518 & +91-
9137285531 of Defendant Nos.1&2, with the service providers being
Vodafone Idea Limited/Defendant No.3 (hereinafter "Vodafone") &
Reliance Jio Limited/Defendant No.4 (hereinafter "Reliance Jio").
5. The details relating to the number of persons who have been
defrauded by the Defendants have been set out in the application. The modus
operandi adopted by these Defendants was to approach various customers
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and get purchase orders placed from them and receive advance amounts
through various bank accounts.
6. Moreover, the submission of Mr. Bansal, ld. Counsel for the Plaintiff,
is that Defendant No.1 had in fact availed of the Ads Program on the Google
platform and had registered 'kamdhenuispat' as the keyword so as to appear
in the top search result as a sponsored advertisement. Accordingly, the
Plaintiff by the present application, is seeking directions against the
Registrar of the said domains - GoDaddy LLC/Defendant No.8 (hereinafter
"GoDaddy"), as also against various banks/Defendant Nos.5-7, telecom
companies/Defendant Nos.3, 4 & 9, and Google LLC/Defendant No.10
(hereinafter "Google"), for disclosure of details of the holders of the
domain names, mobile numbers, bank accounts, and Google Ads/email
accounts.
7. In this matter, in I.A. No.13715/2021, being an application seeking
injunction under Order XXXIX Rules 1&2 CPC, the predecessor Bench of
this Court, on 25th October, 2021, had passed an interim order and directions
in the following terms:
" xxx xxx xxx
6. The plaintiff has made out a prima facie case. The
defendants No.1 and 2, their owners, partners etc. are
restrained by an ex-parte injunction in terms of prayer
para (a) of the present application.
7. Defendants No.3 and 4 are directed to provide the
KYC details to the court of the Mobile Nos. +91-
8291921518 and +91-9137285531 mentioned in
prayer para (c) and (d) respectively of the application.
8. Defendants No.5, 6 and 7 are also directed to
provide the KYC details of the account holders of the
accounts mentioned in prayer para (e), (f) and (g) of
the application. They will also place on record the
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Signing Date:29.03.2022
05:26:33
details of the transactions in the said accounts for the
last one year.
9. Defendant No.8 is also directed to comply with the
above prayer para (h) of the application.
10. Defendant No.10, 11 and 12 are also directed to
comply with the above prayer para (j) and (k) of the
application."
8. Thereafter, vide order dated 4th January, 2022, further directions were
issued for blocking and suspending the domain names and for disclosure of
KYC details of the Defendants.
9. Today, further directions are sought as the Plaintiff states that
Defendant No.8 has not provided the details of the Registrant of infringing
domains and new infringing domains such as
'http://www.kamdhenusteelltd.com' and
'http://www.kamdhenusteelimited.com' have also been registered with
Defendant No.8 around 20th January, 2022, and details of Registrants of the
same are required along with details of certain mobile numbers and opening
of the sealed cover filed by Vodafone.
10. It is also submitted by Mr. Bansal, ld. Counsel appearing for the
Plaintiff, that despite approaching various police stations and police
authorities including cyber cell authorities, no action has been taken against
Defendant Nos.1 and 2. In fact, even basic details are not being revealed to
the Plaintiff. The Plaintiff's business is suffering immensely.
11. Mr. Darpan Wadhwa, ld. Senior Counsel appearing for GoDaddy, has
placed reliance on the recent order passed by a ld. Single Judge of this Court
in CS(COMM) 154/2021 titled Godrej Properties Ltd. v. Ashok Kumar &
Anr., dated 14th March, 2022, where certain directions have been issued to
prevent phishing through the registration of similar domain names. He
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Signing Date:29.03.2022
05:26:33
submits that similar directions may be passed in this matter, instead of
Defendant No.8 being blanketly directed to remove all future use of the
Plaintiff's marks, as and when such domain names may come up.
12. Heard and perused the record. A perusal of the application shows that
the sums received by these Defendants are in lakhs of rupees. The portrayal
of the Defendants as being the Plaintiff or connected/affiliated with the
Plaintiff is being facilitated by the illegal domain names which have been
registered by the Defendants and the various bank accounts which have been
opened by them for their transactions. This Court is convinced that the
manner in which Defendant Nos.1 and 2 have defrauded third parties and
gullible customers cannot be ignored by the Court and some stringent
measures would have to be taken to ensure that the trademark and goodwill
of the Plaintiff is not misused by Defendant Nos.1 and 2, who are portraying
themselves to be the Plaintiff or connected / affiliated to it. Under such
circumstances, the following directions are issued:
(i) Insofar as the infringing domain name in this application is
concerned, being 'http://www.kamdhenusteelltd.com', Defendant
No.8- GoDaddy LLC shall suspend the said domain name with
immediate effect. Insofar as the second domain name being
'http://www.kamdhenusteelimited.com' is concerned, upon
receiving a communication, GoDaddy has already suspended the
domain name. The same shall continue to remain suspended.
Status quo shall be maintained and no transfer of the said two
domain names shall be permissible. Secondly, details as to the
Registrants of these domain names being
'http://www.kamdhenusteelltd.com', and
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Signing Date:29.03.2022
05:26:33
'http://www.kamdhenusteelimited.com', shall also be
communicated by Defendant No.8 to the Plaintiff within three
working days.
(ii) Insofar as when any further illegal and infringing domain names
are discovered, the Plaintiff shall report to GoDaddy on its
phishing tool (available at
https://supportcenter.godaddy.com/AbuseReport), in respect of
any and all objectionable domains containing the word
'Kamdhenu', 'Kamdhenusteel' and 'Kamdhenuispat'. GoDaddy
shall immediately take cognizance of the said reporting and
disable/suspend such domain names within three working days.
If GoDaddy does not disable or suspend the domain names
within three working days, the Plaintiff is permitted to move an
application or an affidavit before the Joint Registrar, Delhi High
Court, in this regard, who shall direct the same to be suspended.
(iii) GoDaddy shall also provide to the Plaintiff, the details of the
registrants of all the domain names as and when reported by the
Plaintiff, including the email addresses, mobile numbers and
postal addresses which may have been available with it, of the
domain names which are blocked/suspended by it.
(iv) It is made clear that this order is not restricted to the domain
names listed in the suit and in the application but to all other
domain names containing the mark - 'Kamdhenu',
'Kamdhenusteel' or 'Kamdhenuispat' in relation to steel and
metal products and allied products.
(v) Insofar as Google is concerned, the details of the person/entity
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who has used the email address - [email protected]
shall be provided by Google, within three working days to the ld.
Counsel for the Plaintiff. In addition, the said platform shall also
disable the usage of 'Kamdhenu' and 'Kamdhenusteel' as
keywords in relation to steel and metal and allied products, by
Defendant No.1, within three working days. Moreover, the
details of the person/entity who availed of the said Ads Program
on the Google platform, including the addresses/mobile numbers,
email addresses and the payments made through any banking or
other platforms shall also be disclosed by Google to the Plaintiff
within three working days, if any, over and above any
information already disclosed. At this stage, Mr. Vihan Dang, ld.
counsel appearing for Google, submits that the payment details
of the persons who had availed of keywords and the sponsored
ads on the Google Ads platform have already been provided to
the Plaintiff and the Google Ads account of the said Defendant
has also been suspended. The status quo shall be maintained by
Google, in this regard.
(vi) All the banks listed in the prayer to the present application, shall
provide the KYC details to the ld. Counsel for the Plaintiff as
below:
Sl. Bank Account No. and IFSC
No.
1. Canara Bank, Post Box No.495, 74, • A/c No.918010055567418;
Janpath, New Delhi-110001(Defendant
• A/c No.121101115759
No.5)
(IFSC-CNRB0000238),
&
• A/c No.110016520238
Canara Bank, 297, Bellasis Road, UFW
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Digitally Signed
By:DEVANSHU JOSHI
Signing Date:29.03.2022
05:26:33
Trust Building, Opposite Bus Depot, (IFSC-CNRB0000238),
Mumbai, Maharashtra-400008
• A/c No.110028639070
(Defendant No.6)
(IFSCCNRB0000238),
• A/c No.110024346682
(IFSC CNRB0000238),
• A/c No.110009987387
(IFSC- CNRB0001723),
• A/c No.110001613029.
2. Punjab National Bank, 265, Orchid City A/c No.2916000100535046
Centre, Mumbai Central, Mumbai- and 2916001500018496
400008 (IFSC-PUNB0436400)
Head Office/Corporate Office: Plot No
4, Sector -10 Dwarka, New Delhi-
110075
(Defendant No.7)
3. Axis Bank Limited, Axis House, C-2, A/c No.921010031808364
Wadia International Centre, Pandurang (IFSC-UTIB0000056)
Budhkar Marg, Worli, Mumbai-400 025
4. ICICI Bank, ICICI Bank Tower, Near A/c No.254601001146 (IFSC-
Chakli Circle, Old Padra Road, ICIC0001398)
Vadodara- 390007, Gujarat
(vii) The telecommunication companies i.e., Vodafone, Reliance Jio,
and Airtel, shall provide KYC details of the mobile numbers
being +91-8274015086; +91-8274856645; +91- 8902805463;
+91-8017270982; +91-8017473729; +91-8811811419; +91-
9051564104; +91-8274086819, +91-8584046472; +91-
8274855248; +91-9051564104; +91-6295517550; +91-
7595025966 and +91-9599089676 to the Plaintiff, except any
details already disclosed. In this regard, Vodafone and Reliance
Jio have submitted details of the numbers listed in the plaint, i.e.,
+91-8291921518 & +91-9137285531, as below:
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By:DEVANSHU JOSHI
Signing Date:29.03.2022
05:26:33
(a) Details of +91-8291921518 filed by Vodafone: This
Court has opened and perused the sealed cover filed by
Vodafone on record, pursuant to the previous order dated
25th October, 2021. The same reveals that the mobile
number is registered in the name of Defendant No.1- Mr.
Raghunath Virdharamji Bishnoi with the Mb. Nos. +91
8291921518, 9769552829 and Address: 66/68, Ram
Bhavan, Room No 23, Kumbharwada, SP Road, 4th
Kumbharwada Lane, Mumbai, Maharasthra, Opp.
Goldeol Temple, 400004. The said sealed cover be
opened and brought on record.
(b) Details of +91-9137285531 filed by Reliance Jio: An
affidavit dated 4th January, 2022, has been filed by
Reliance Jio where the customer name for the said mobile
number is Mr. Anuj Bind, S/o Umesh Prasad, Mb. Nos.:
+91-9137285531, 8252412281, Address: Wing D 606
Shitat Society, Bhavani Ln, Garodia Nagar, Ghatkopar
East, Mumbai, Maharashtra-400077, along with a copy of
his Aadhaar Card.
(viii) If any of the above details have already been provided, then the
present directions would be restricted to the details which are not
provided.
13. Issue notice to Defendant No.1- Mr. Raghunath Virdharamji Bishnoi,
by all permissible modes including WhatsApp/email/post/SMS, at the
information provided in the document filed by Vodafone, i.e., at Mb. No.
+91 8291921518, 9769552829 and Address: 66/68, Ram Bhavan, Room No
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Signing Date:29.03.2022
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23, Kumbharwada, SP Road, 4th Kumbharwada Lane, Mumbai,
Maharasthra, Opp. Goldeol Temple, 400004.
14. Issue notice to Mr. Anuj Bind, S/O Umesh Prasad, by all permissible
modes including WhatsApp/email/post/SMS, at the information in the
document filed by Reliance Jio, i.e., at Mb. Nos.: +91-9137285531,
8252412281, Address: Wing D 606 Shitat Society, Bhavani Ln, Garodia
Nagar, Ghatkopar East, Mumbai, Maharashtra, 400077.
15. Let Mr. Anuj Bind be impleaded as Defendant No.13 in the present
suit.
16. Additionally, let an amended memo of parties be filed by the Plaintiff
as per the above captured details of the Defendant No.1 and of Mr. Anuj
Bind, within one week.
17. Insofar as the grievance of the Plaintiff is concerned that he has been
unable to get the police authorities to take necessary action, let Court notice
be issued to Mr. Sanjay Lao, ld. Standing Counsel (Criminal), GNCTD to
file the status report before this Court as to what action has been taken
pursuant to the various complaints filed by the Plaintiff in respect of the
actions of Defendant Nos.1 and 2 in duping and defrauding various
customers and collecting monies by impersonating the Plaintiff or its
affiliates, within four weeks.
18. Moreover, the concerned official on behalf of the Delhi Police shall
also place on record a proper report after investigating into this matter,
especially to:
(i) Identify the whereabouts and the identity of the person(s)/entity
who had registered the infringing domain names stated in the
plaint and application including
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By:DEVANSHU JOSHI
Signing Date:29.03.2022
05:26:33
https://www.kamdhenusteellimited.com, and
http://www.kamdhenusteelltd.com, or using the email address-
[email protected], and operating/owning the various
bank accounts, as specified in paragraph 12(vi) above.
(ii) Conduct investigation into the KYC details of all these mobile
numbers- +91-8274015086; +91-8274856645; +91-
8902805463; +91-8017270982; +91-8017473729; +91-
8811811419; +91-9051564104; +91-8274086819, +91-
8584046472; +91-8274855248; +91-9051564104; +91-
6295517550; +91-7595025966 and +91-9599089676, as to the
persons who are using the same.
(iii) Conduct an investigation into the two persons identified by
Vodafone and Reliance Jio-
(a) Defendant No.1- Mr. Raghunath Virdharamji Bishnoi
with the Mb. Nos. +91 8291921518, 9769552829 and
Address: 66/68, Ram Bhavan, Room No 23,
Kumbharwada, SP Road, 4th Kumbharwada Lane,
Mumbai, Maharashtra, Opp. Goldeol Temple, 400004.
(b) Mr. Anuj Bind, S/o Umesh Prasad, Mb. Nos.: +91-
9137285531, 8252412281, Address: Wing D 606 Shitat
Society, Bhavani Ln, Garodia Nagar, Ghatkopar East,
Mumbai, Maharashtra-400077.
19. The detailed status report in this regard shall be filed within four
weeks.
20. Ld. counsel for the Plaintiff to intimate this order to Mr. Sanjay Lao,
ld. Standing Counsel (Criminal), GNCTD for compliance.
Signature Not Verified
Digitally Signed
By:DEVANSHU JOSHI
Signing Date:29.03.2022
05:26:33
21. In addition, on the basis of the information disclosed by some of the
Defendants, including GoDaddy and Google, certain details have been
ascertained in respect of the persons who have indulged in this illegal and
unlawful conduct of infringing the Plaintiff's marks.
22. The said details be provided by the ld. counsel for the Plaintiff to the
concerned Police official for conducting the said investigation, through Mr.
Sanjay Lao, ld. Standing Counsel (Criminal), GNCTD. The concerned
official of Delhi Police conducting the investigation in terms of the direction
today, shall also conduct an investigation of these persons and file a status
report.
23. On behalf of Department of Telecommunications/Defendant No.10
and Ministry of Electronics and Information Technology/Defendant No.11,
Mr. Harish V. Shankar, ld. CGSC submits that vide notice dated 9th
November, 2021, communication has been issued to all the ISPs to block all
the infringing domain names, pursuant to the previous order dated 25th
October, 2021.
24. Let the sealed cover be opened and the document in the said sealed
cover be brought on record before the next date.
25. List before the Joint Registrar on 7th April, 2022.
26. List before the Court on 19th July, 2022.
PRATHIBA M. SINGH
JUDGE
MARCH 23, 2022/Rahul/MS
(corrected & released on 28th March, 2022)
