2024 Supreme(Online)(DEL) 4275
CS(COMM) 69/2024 Page 1 of 12 $~35 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CS(COMM) 69/2024 SEQUOIA CAPITAL OPERATIONS LLC ..... Plaintiff Through:
Ms. Shwetasree Majumder, Ms. Priya Adlakha, Mr. Vardaan Anand and Mr. Shiv Mehrotra, Advocates. versus JOHN DOE AND OTHERS ..... Defendants Through:
Ms. Nidhi Raman, CGSC with Mr. Zubin Singh and Mr. Rahul Kumar Sharma, Advocates for D-5, 6.
Ms. Anushka Sharda and Mr. Madhav Khosla, Advocates for D-3.
CORAM: HON'BLE MR. JUSTICE SANJEEV NARULA
PRITHVI SINGH
ORDER
% 24.01.2024 I.A. 1808/2024 (seeking exemption from filing originals, clear copies and documents with proper margins)
1. Exemption is granted, subject to all just exceptions.
2. The Plaintiff shall file legible and clearer copies of exempted documents, compliant with practice rules, before the next date of hearing.
3. Accordingly, the application stands disposed of.
I.A. 1809/2024 (exemption from serving D-1)
4. The Plaintiff alleges that Defendant No. 1 is perpetrating fraud on the general public by creating a false association with the Plaintiff, resulting in CS(COMM) 69/2024 Page 2 of 12 grave financial losses to the public. Considering the nature of controversy involved in the present suit as well as the peculiar facts and circumstances of the case, exemption from effecting advance service on Defendant No. 1 is allowed.
5. Application is disposed of.
I.A. 1807/2024 (seeking leave to file additional documents)
6. This is an application seeking leave to file additional documents under the Commercial Courts Act, 2015.
7. Plaintiff, if they wish to file additional documents at a later stage, shall do so strictly as per the provisions of the said Act.
8. Accordingly, the application stands disposed of.
I.A. 1806/2024 (exemption from pre-mediation)
9. As the present suit contemplates urgent interim relief, in light of the judgment of Supreme Court in Yamini Manohar v. T.K.D. Krithi,1 exemption from attempting pre-institution mediation is granted.
10. Disposed of.
CS(COMM) 69/2024
11. Let the plaint be registered as a suit.
12. Issue summons. Ms. Nidhi Raman, counsel, accepts summons on behalf of Defendants No. 5, 6. Ms. Anushka Sharda, counsel, accepts summons on behalf of Defendant No. 3. They confirm the receipt of the paper-book and waive the right to formal service of summons. Written statement(s) on behalf of the said Defendants shall be filed within thirty days from today.
1 2023 SCC OnLine SC 1382.
CS(COMM) 69/2024 Page 3 of 12
13. Upon filing of process fee, issue summons to the remaining Defendants by all permissible modes. Summons shall state that the written statement(s) shall be filed by the Defendants within thirty days from the date of receipt of summons. Along with the written statement(s), the Defendants shall also file affidavit(s) of admission/denial of the documents of the Plaintiff, without which the written statement(s) shall not be taken on record.
14. Liberty is given to the Plaintiff to file replication(s) within fifteen days of the receipt of the written statement(s). Along with the replication(s), if any, filed by the Plaintiff, affidavit(s) of admission/denial of documents of the Defendants, be filed by the Plaintiff, without which the replication(s) shall not be taken on record. If any of the parties wish to seek inspection of any documents, the same shall be sought and given within the above timelines.
15. List before the Joint Registrar for marking of exhibits on 22nd March,
2024. It is made clear that any party unjustifiably denying documents would be liable to be burdened with costs.
16. List before Court for framing of issues thereafter.
I.A. 1805/2024 (seeking ad-interim injunction)
17. The present suit seeks to permanently restrain the unauthorized use of the Plaintiff’s registered trademarks “SEQUOIA”, “SEQUOIA CAPITAL”, “ ”, “ ” etc. by Defendant No. 1, who is operating a fraudulent cryptocurrency trading and investment online gateway.
CS(COMM) 69/2024 Page 4 of 12
18. Ms. Shwetasree Majumder, counsel for Plaintiff, presented the Plaintiff’s case as under:
18.1. The Plaintiff is a venture capital firm, having its headquarters at California, United States of America, wh