ORDER

% 12.01.2023 I.A. 577/2023 (under Order XI Rules 1(1) and 1(2) r/w Section 151 of the Code of Civil Procedure 1908 [“CPC”] (as amended by Commercial Courts Act, 2015) seeking leave to file additional documents)

1. By way of this application, Plaintiff prays for leave to file additional documents on record. It is asserted that after filing of the suit and grant of ex-

parte ad-interim injunction against Defendants, Plaintiff has discovered another infringing website . Accordingly, Plaintiff prays for leave to file additional documents in relation to the said website.

2. As it is asserted that these documents were not in power, possession, control or custody of Plaintiff at the time of filing of suit, prayer made in the application is granted.

3. Application is allowed and additional documents accompanying the application are taken on record.

4. Disposed of. I.A 609/2023 (under Order I Rule 10(2) and 10(4) r/w Section 151 of CPC seeking leave to implead Defendant No. 20)

5. Plaintiff prays for impleadment of M/s Croma Wholesellers Ltd. India as Defendant No. 20, which, it claims is an infringing website .

6. Having perused the contents of the application, and considering that the suit is at a nascent stage, prayers made in the application are allowed.

7. Amended memo of parties annexed to the application is taken on record. Registry to update the portfolio.

8. Disposed of. I.A. 576/2023 (under Order VI Rule 17 of CPC seeking leave to amend the plaint)

9. Based on assertions recorded above, Plaintiff also seeks to make consequential amendments to the plaint.

10. As noted hereinabove, the suit is at the initial stage, additional parties have also been allowed to be impleaded, therefore, the Court finds no reason to disallow the prayer made in the captioned application.

11. Application is allowed.

12. Amended plaint annexed to the application is taken on record. Registry to update the portfolio.

13. Disposed of. I.A. 575/2023 (under Order XXXIX Rules 1 & 2 of CPC)

14. This application has been filed by Plaintiff praying that the directions issued and ad-interim, ex-parte injunction granted vide order dated 25th July, 2022, be also extended to Defendant No. 20, which has been impleaded above.

15. Issue notice.

16. Notice be served upon Defendants No. 20 through all modes, including electronically, upon filing of process fee, returnable before Joint Registrar on 20 th March, 2023.

17. For the reasons already recorded in order dated 25th July, 2022, and having considered the contents of the application, Plaintiff has been able to demonstrate a prima facie case against Defendant No. 20. Balance of convenience is also in favour of Plaintiff. Infringing act complained of by Plaintiff is likely to cause damage not only to Plaintiff but also to the general public. Accordingly, there shall be an ex-parte ad-interim order to the following effect:

(a) Injunction as sought in prayers (a) to (c) of application, shall operate against newly impleaded Defendant No. 20.

(b) Defendant No. 4 is direct to suspend/ lock infringing domain name containing Plaintiff’s registered and well-known trademarks CROMA and/or the Croma Logo and/or the trademark INFINITI RETAIL LTD., and/or any essential or deceptively similar features thereof to the Plaintiff’s trademarks during the pendency of the proceedings.

(c) Defendant No. 4 shall provide registrant details including contact information, payment details and any other information in their power and possession relating to identity of registrant of domain name belonging to Defendant No. 20.

(d) Further, since the phone number +91 7908201195 mentioned on the website of Defendant No. 20 is prima facie being used for fraudulent activities, Defendant No. 13 is directed to temporarily suspend and disable service on the said mobile number, forthwith. It is also directed to submit before this Court the details of registered