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2025 Supreme(Online)(Del) 47971

IN THE HIGH COURT OF DELHI AT NEW DELHI
NILKAMAL CRATES AND CONTAINERS & ANR. VS. GODRIWALA PLASTICS PRIVATE LIMITED
CS(COMM) 42/2025



$~32 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CS(COMM) 42/2025 WATERWAYS LEISURE TOURISM PRIVATE LIMITED .....Plaintiff Through: Ms. Kripa Pandit and Mr. Christopher Thomas, Advocates.

versus MR. MUKESH PRASAD THAPLIYAL AND ORS. .....Defendants Through: Mr. Lalit Kumar and Mr. Suraj Kanojia, Advocates.

CORAM:

HON'BLE MR. JUSTICE TEJAS KARIA

O R D E R

% 08.12.2025 I.A. 19926/2025 & I.A. 23175/2025

1. These Applications are filed on behalf of the Plaintiff under Order XXXIX Rule 2A read with Section 151 of the Code of Civil Procedure, 1908 and Section 12 of the Contempt of Courts Act, 2015.

2. Vide orders dated 14.08.2025 and 17.09.2025, the Notices were issued in these Applications, respectively.

3. Vide order dated 17.09.2025, it was directed that Mr. Mukesh Prasad Thapliyal, Mr. Pradeep Arora, Ms. Savita Rani and Mr. Manish Kumar shall remainpersonallypresentbeforetheCourt.Pursuanttothesaiddirection,Mr. Mukesh Prasad Thapliyal and Mr. Manish Kumar are personally present before the Court.

4. The learned Counsel for the Plaintiff submits that despite the orders dated 14.08.2025 and 17.09.2025, the Defendants / Contemnors are still violating the directions passed in the Judgment dated 28.07.2025 (“Judgment”) in I.A. No. 1268/2025.

5. The learned Counsel for the Defendants / Contemnors submits that the Defendants / Contemnors have no intention to violate the directions given in the Judgment and the Defendants / Contemnors have taken steps to comply with the same.

6. The learned Counsel for the Defendants / Contemnors submits that the Defendants / Contemnors have taken immediate steps to comply with the Judgment as recorded in the order dated 14.08.2025. He further submits that pursuant to the directions passed by this Court, Defendant Nos. 1, 2 and 3 havefiledseparateAffidavitsofUndertakingdated25.10.2025,wherebyeach of them has undertaken that they have complied with the directions contained in the orders passed by this Court.

7. The learned Counsel for the Defendants / Contemnors has also submitted that the Defendants / Contemnors have filed a joint Reply to I.A. No. 19926/2025 on 26.10.2025. The learned Counsel for Defendants / Contemnors has also relied upon the documents filed along with this joint Reply to submit that the Defendants / Contemnors have written to all the booking websites for change in the name from ‘Cordelia Inn’ to ‘Aroha by Rishikesh’.

8. The learned Counsel for the Defendants / Contemnors has also relied upon the Goods and Services Tax Certificate dated 19.09.2025 and also the PAN Card bearing no. AAOFH8469A and the photographs showing that the name of the property has been changed to ‘Aroha by Rishikesh’.

9. The learned Counsel for the Plaintiff submits that despite the orders passed by this Court, the Defendants / Contemnors have not complied with the directions as the website, ‘www.hotelcordeliainn.com’ is still active and all the details about the Defendants / Contemnors are available on the said website.

10. Inresponse,thelearnedCounselfortheDefendants/Contemnorsrelies upon the documents filed along with the Joint Reply, which is an e-mail received from the Domain Name Registrar Hostinger stating that the domain name, ‘www.hotelcordeliainn.com’ has expired on 19.12.2024. He further submits that after 19.12.2024, this domain name has not been renewed by the Defendants / Contemnors and not being used.

11. The learned Counsel for the Plaintiff submits that this is an absolutely wrong submission asthere is evidencethatthe Defendants/ Contemnors have been using this domain name, and that the same domain name has now been registered with the Domain Name Registrar, GoDaddy.com, LLC as per the WHOIS Domain Information available with the Plaintiff. The learned Counsel for the Plaintiff has handed over a printout of the WHOIS details available online to show that the domain name, ‘www.hotelcordeliainn.com’

is active and is registered with GoDaddy.com, LLC till 12.08.2026.

12. The learned Counsel for the Defendants / Contem

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