Grant of ex-parte ad-interim injunction in cases of trademark infringement and impersonation via digital platforms to prevent public fraud and protect personality rights when a prima facie case and balance of convenience are established.

O R D E R

I.A. 31955/2025

(seeking leave to file additional documents)

1. This is an application seeking leave to file additional documents under Order XI Rule 1(4) of the Code of Civil Procedure Code, 1908 [‘CPC’] [as amended by the Commercial Courts, Commercial Division and Commercial Appellate Division of High Courts Act, 2015 (‘Commercial Courts Act’)] read with Section 151 CPC, within thirty (30) days.

2. The Plaintiffs, if they wish to file additional documents will file the same within thirty (30) days from today, and they shall do so strictly as per the provisions of the Commercial Courts Act and the Delhi High Court (Original Side) Rules, 2018 (‘DHC Rules’).

3. For the reasons stated in the application, the same is allowed.

4. Accordingly, the application is disposed of.

I.A. 31956/2025

(seeking exemption from pre-mediation litigation)

5. This is an application under Section 12A of the Commercial Courts Act read with Section 151 CPC, filed by the Plaintiffs seeking exemption from instituting pre-litigation mediation.

6. Having regard to the facts that the present suit contemplates urgent interim relief and in light of the judgement of the Supreme Court in Yamini Manohar v. T.K.D. Keerthi¹(2024) 5 SCC 815, exemption from the requirement of pre-institution mediation is granted to the Plaintiffs.

7. Accordingly, the application stands disposed of.

I.A. 31958/2025

(seeking exemption from effecting advance service upon the Defendants)

8. This is an application filed under Section 151 of the CPC on behalf of the Plaintiffs seeking exemption from effecting advance service upon the Defendants.

9. For the reasons stated in the captioned application, this application is allowed.

10. Accordingly, the application stands disposed of.

I.A. 31957/2025(under Order II Rule 2)

11. This is an application filed under Order II Rule 2 read with Section 151 of the CPC, 1908.

12. For the reasons stated in the application, the liberty prayed for at paragraphs 2 and 3 of this application is granted to the Plaintiff.

13. The application is disposed of.

CS(COMM) 1370/2025

14. The present suit has been filed for inter-alia declaration, prohibitory and mandatory injunction, personality rights and other ancillary reliefs against the Defendants.

15. Let the plaint be registered as a suit.

16. Defendant no. 1 are John Doe entities, who are stated to be the users of WhatsApp.

17. Mr. Shashank Mishra, Advocate enters appearance on behalf of Defendant no. 2/WhatsApp.

18. Defendant no. 2 is directed to provide Basic Subscriber Information [‘BSI’] details of the mobile numbers provided at Annexure A to the extent available, attached to this Order, within a period of two (2) weeks. Defendant no. 2 will file BSI details in a sealed cover after providing a copy to the Plaintiffs.

19. The Plaintiff is directed to file an amended memo of parties within one (1) week after receiving the correct BSI details of the users from the Defendant No. 2/WhatsApp.

20. Upon amended memo of parties being filed, summons will be issued by the registry to the said newly impleaded entities.

21. No summons are being issued to the Defendant No. 2/WhatsApp as it is a proforma party.

22. List before Court on 14.04.2025.

I.A. 31954/20