Dabur India Limited vs Ashok Kumar & Ors.

This hearing has been done through hybrid mode.

These 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). From time to time, various directions have been passed by this Court in respect of blocking and locking of the infringing domain names, and implementation of court orders by various DNRs which may or may not be located in India.

Today, submissions have been made in part by Mr. Darpan Wadhwa.

In terms of the order dated 24th November, 2023, considering the various grievances that were raised against the Banks by the law enforcement agencies i.e., Cyber Cell of Delhi Police, notices were issued to the various Banks once again including through nominated counsels, etc. Further, for the purpose of disclosure of information to law enforcement agencies and for better coordination between the Cyber Cell of Police Authorities and the Bank Authorities, it was directed by the Court that meeting be held between the concerned Joint Secretary, Ministry of Home Affairs. Pursuant thereto, two developments have taken place, as follows:

Mr. Ramesh Babu, ld. Counsel has taken the Court through the Standard Operating Procedure (hereinafter, ‘SOP’) attached to the affidavit dated 16th January, 2024. In terms of the said SOP, it is submitted by Mr. Babu that the deadlines for Banks to provide information, upon being requested by Law enforcement agencies, have been fixed strictly and the same have to be mandatorily complied with by all Banks.

Mr. Gupta submits that the IBA has asked for the constitution of a sub-group and two executives should be nominated by each of the Banks, which the HDFC bank has already done.

Mr. Kapoor, ld. Counsel submits that State Bank of India (‘SBI’) has also nominated concerned officials for the said sub-group. He further submits that he has filed on record the SOP followed by the Bank with respect to information sought from law enforcement agencies.

Ms. Hetu Arora Sethi, ld. ASC, however, controverts and submits that even as of January, 2024, information sought from SBI was not provided to the Cyber Cell of Delhi Police.

It appears that the SOP and the manner in which the SOPs have to be implemented by all the Banks is still a work in progress. Let the IBA hold the meeting of the concerned sub-groups and sub-committee in order to ensure that all Banks follow the SOP in respect of information disclosure mechanism to the law enforcement agencies.

Issue notice to Mr. Srinivasarao, Senior Advisor, IBA (Mob. No.9449860111) for appearance before this Court so that the stand of all the Banks can be considered.

Registry to issue this order on the said mobile number to enable the IBA to place on record a short affidavit as to the implementation of the SOP.

Mr. Sameer Tiwari, the Nodal Officer from HDFC Bank is present today, as per the direction of this Court vide order dated 24th November, 2023.

Let the RBI’s affidavit and the email on behalf of HDFC’s Counsel handed over to the Court today be handed to Ms. Sethi, ld. ASC appearing for the Delhi Police.

A status report has been filed by the Delhi Police in the matter CS(COMM) 389/2022 titled The Capital Group Companies, Inc. Vs. Ashok Kumar & Ors. As per the said report, the law enforcement agencies have sent notices to various DNRs and Banks seeking information regarding specific IP addresses and details pertaining to the UPI Id’s, respectively.

The DNRs and the Banks, in compliance to the notices, shall provide the requisite information sent to the Delhi Police, expeditiously, failing which, stringent action would be liable to be taken.

Mr. Wadhwa, ld. Senior Counsel appearing for GoDaddy has made further submissions today on the legal position qua steps that could be taken in respect of DNRs who do not comply with the orders passed by this Court. Mr. Wadhwa, categorically, relied on the order dated 4th December, 2023 of this Court in the matter of Burger King Corporation v. Swapnil Patil & Ors. (CS (Comm) 303/2022), to state that a similar order can be passed at the final stage and the examination in respect of all the identified domain names and the examination of additional domain names can be done by the Joint Registrar.

The submissions to continue on the next date of hearing.

In CS(COMM) 135/2022 titled Dabur India Ltd. v. Ashok Kumar & Ors, on behalf of Defendant No. 5- Hosting Concepts B.V., it is submitted by Ms. Aishwarya, ld. Counsel, that the said DNR is based out of European Union and it wishes to file written submissions in this matter. It may do so within four weeks, with service of advance copies to all the concerned Counsels.

Mr. Harish V. Shankar, ld. CGSC to obtain instructions from the concerned officials of the MHA and file an affidavit within four weeks in terms of the order dated 24th November, 2023.

List for further hearing on Saturday i.e. 6th April, 2024.

Insofar as the specific matters and the applications pending therein are concerned the same are listed as per the following table: