JUDGMENT

(Prayer: This Application is filed under Order XIV Rule – 8 of O.S. Rules r/w under Order XIII-A of CPC praying to dispense with the procedure of trial and pass a Summary Judgment in the above suit dismissing the plaint with costs.)

1. The Defendants in the suit are the Applicants. By this application, the Defendants pray for a summary judgment for the dismissal of the suit.

2. The Applicants/Defendants stated that the first Defendant is a domain name registrar (DNR). An organization called the Internet Corporation for Assigned Names and Numbers(ICANN) is the umbrella organization with regard to domain names. More than 1200 generic top level domain registrars and more than 2300 ICANN accredited registrars operate under ICANN. The National Internet Corporation of India (NIXI) is the Indian registry for .in domain names. Domain names are available on a first-cum-first-served basis. According to the Applicants, they are intermediaries as per Section 2(1)(w) of the Information Technology Act, 2000 (the IT Act). Since the Applicants are intermediaries, the Applicants asserted that they are entitled to the exemption provided for under Section 79 of the IT Act.

3. The Applicants cont