2024 Supreme(Online)(DEL) 15873
$~38 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CS(COMM) 777/2024 & I.A. Nos. 38966/2024, 38967/2024, 38968/2024 & 38969/2024 SPORTA TECHNOLOGIES PVT. LTD. AND ANR. ....Plaintiffs Through: Mr. Rohan Krishna Seth with Mr. Prithvi Gulati and Mr. Ritwik Marwah, Advocates.
(M): 9999845680
8802958896 Email: litigation@fiduslawchambers.com versus ANKIT CHAUDHARY ALIAS ANKIT SHEORAN AND ORS. .....Defendants Through: Ms. Moha Paranjpe, Advocate for defendant no. 2.
(M): 8369757825 Email: moha.paranjpe@khaitanco.com Mr. Mukul Singh, CGSC with Mr. Rajat, GP and Ms. Ira Singh, Advocate for defendant no. 6 and 7.
(M): 9971359512 Email: mukulsinghcgsc@gmail.com CORAM:
HON'BLE MS. JUSTICE MINI PUSHKARNA
PRITHVI SINGH
O R D E R
% 10.09.2024 I.A. 38969/2024 (Exemption from filing original and clear copies of documents)
1. The present is an application under Section 151 of the Code of Civil CS(COMM) 777/2024 Page 1 of 16 Procedure, 1908 (“CPC”), on behalf of the plaintiffs, seeking exemption from filing originals, clear copies and documents with proper margins.
2. Exemption is granted, subject to all just exceptions.
3. Applicant shall file legible, clear, and translated copies of the documents, on which the plaintiffs may seek to place reliance, before the next date of hearing.
4. Accordingly, the present application is disposed of.
I.A. 38967/2024 (Exemption from instituting Pre-Institution Mediation) 5. The present is an application under Section 12A of the Commercial Courts Act, 2015, read with Section 151 of CPC, seeking exemption from undergoing Pre-Institution Mediation.
6. Having regard to the facts of the present case and in the light of the judgment of Supreme Court in the case of Yamini Manohar Versus T.K.D. Keerthi, 2023 SCC OnLine SC 1382, and Division Bench of this Court in Chandra Kishore Chaurasia Versus RA Perfumery Works Private Ltd., 2022 SCC OnLine Del 3529, exemption from attempting Pre-Institution Mediation, is granted.
7. Accordingly, the application stands disposed of.
I.A. 38968/2024 (Application seeking leave to file additional documents) 8. This is an application under Order XI Rule 1(4) read with Section 151 CPC as amended by the Commercial Courts Act, 2015, seeking leave to file additional documents.
9. The plaintiffs, if they wish to file additional documents at a later stage, shall do so strictly as per the provisions of Commercial Courts Act, 2015, and the Delhi High Court (Original Side) Rules, 2018.
10. The application is disposed of, with the aforesaid directions. CS(COMM) 777/2024 Page 2 of 16 CS(COMM) 777/2024
11. Let the plaint be registered as suit.
12. Issue summons
13. Summons is accepted by learned counsels appearing for defendant nos. 2, 6 and 7.
14. Upon filing of the process fee, issue summons to the other defendants by all permissible modes.
15. Summons shall state that the written statement be filed by the defendants within thirty days from the date of receipt of summons. Along with the written statement, the defendants shall also file affidavit of admission/denial of the plaintiffs’ documents, without which, the written statement shall not be taken on record.
16. Liberty is given to the plaintiffs to file replication within thirty days from the date of receipt of the written statement. Further, along with the replication, if any, filed by the plaintiffs, an affidavit of admission/denial of documents of the defendants, be filed by the plaintiffs, without which, the replication shall not be taken on record. If any of the parties wish to seek inspection of the documents, the same shall be sought and given within the timelines.
17. List before the Joint Registrar (Judicial) for marking of exhibits, on
24th October, 2024.
18. List before the Court on 08th January, 2025.
I.A. No. 38966/2024 (Application under Order XXXIX Rules 1 and 2 CPC)
19. The present suit has been filed for permanent injunction restraining infringement of registered trademarks, passing off, rendition of accounts, CS(COMM) 777/2024 Page 3 of 16 fraud, dilution of trademark, damages, and delivery up.
20. Learned counsel appearing for the plaintiffs submits that the present action concerns the plaintiffs’ trademark rights in the well-known and widely recognized trademarks DREAM11, and infringement and passing off the same by the defendant no. 1.
21. It is submitted that defendant no. 1 operates as the administrator of a Telegram Channel named ‘DreamTips11’, and is also verily believed to be operating two websites being- www.dreamtips11.com and www.fantasyprimemembership.com, which provides tips on how to create a fantasy team for the matches and predict the best outcomes using the DREAM11 platform and are also using the DREAM11 formative marks such as ‘DRE