ORDER

% 15.01.2024 I.A. 12358/2023 (Under Order XXXIX Rule 2A, CPC seeking necessary orders against defendants No. 25 &26)

1. This application has been filed under Order XXXIX Rule 2A of the Code of Civil Procedure, 1908 (“CPC”) by the plaintiff alleging non-compliance of order dated 06th February, 2023 whereby injunction had been granted by this Court against defendant Nos. 1-24 restraining them from using or advertising (directly or indirectly) any mark including the words “KHAN CHACHA”, the registered trademark of the plaintiff. Furthermore, defendant Nos. 25 and 26 were directed to block access to the websites and mobile applications of defendant Nos. 1-24.

2. Non-compliance of the aforesaid directions has been claimed against defendants Nos. 25 and 26 (‘Zomato’ and ‘Swiggy’ respectively, the digital platforms allowing ordering of food) in that, despite the said order, the web pages of defendant Nos. 25 and 26 was still showing names of defendant Nos. 1-24, for the purposes of ordering food.

3. However, even the plaintiff document shows that the said listings hosted by defendants No. 25 and 26, were not allowing any orders, but had the following standard message, “The out