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2023 Supreme(Del) 2230

SANJEEV NARULA
Infiniti Retail Limited – Appellant
Versus
Croma Through Its Proprietor – Respondent


Advocates appeared:
Mr. Sauhard Alung, Advocate, for the Plaintiff.
Mr. Ghanshyam Joshi and Mr. Chirag Joshi, Advocates for D-3.
Mr. Harish Vaidyanathan Shankar, CGSC with Mr. Srish Kumar Mishra, Mr. Sagar Mehlawat and Mr. Alexander Mathai Paikaday, Advocates, for the Defendant.

JUDGMENT

Sanjeev Narula, J. (Oral)

I.A. 3251/2021(under Order XI Rule 5(1) r/w Section 151 of the Code of Civil Procedure, 1908 seeking discovery of documents from D-3)

1. In reply to the above-captioned application, Defendant No. 3 [Shopify Commerce Singapore Pte. Ltd.], the webhost/ service provider of the impugned website i.e., "www.thecroma.in" has furnished contact details of Defendant No. 1, as available in their records.

2. Disposed of.

CS(COMM) 577/2020

3. Mr. Sauhard Alung, counsel for Plaintiff, states that attempts have been made to serve summons on email addresses of Defendant No. 1, as provided by Defendant No. 3 in the reply to I.A. 3251/2021. However, the email has bounced back with delivery failure notifications. The other contact details such as name, mobile number etc. of Defendant No. 1, as are ex-facie fake.

4. Despite efforts on the part of the Plaintiff, it has not been possible to serve Defendant No. 1. The Court has considered directing substituted service, however, the same would be of no avail as the only ascertained contact of Defendant No. 1 are the e-mail addresses. It was incumbent upon Defendant No. 1 to ensure that its contact details are current so

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