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2025 Supreme(Online)(Del) 48610
Mini Pushkarna, J
Niva Bupa Health Insurance Company Limited – Appellant
Versus
Nicenic International Group Company Limited – Respondent
CS(COMM) 171/2025 | I.A. 5108/2025 | I.A. 5109/2025 | I.A. 5110/2025 | I.A. 5111/2025 | I.A. 5112/2025
For the Appellants/Petitioners: Pradeep K. Bakshi, Mohti Bakshi, Pururaj Aggarwal
For the Respondents: None
The Court granted an ad-interim injunction against anonymous entities leaking sensitive customer data, holding that immediate judicial intervention is necessary to prevent irreparable harm, identity theft, and reputational damage arising from unauthorized data dissemination and extortion attempts.
Headnote:(A) Commercial Courts Act, 2015 - Section 12A - Code of Civil Procedure, 1908 - Order XXXIX Rules 1 and 2 - Data Breach and Extortion - Permanent injunction sought against anonymous entities leaking confidential customer data - Urgent ex-parte ad-interim injunction granted to protect customer privacy and prevent irreparable harm. (Paras 8, 9, 21, 22, 43, 44)
Facts of the case:
The plaintiff, a health insurance company, discovered that an anonymous entity (John Doe/Defendant No. 15) had illegally accessed its confidential customer database and was hosting this data on rogue websites. The defendant sent several threatening emails demanding a ransom to prevent further disclosure of sensitive information, including identity proofs, medical data, and personal details. The plaintiff filed the present suit seeking permanent and ad-interim injunctions to block these websites and prevent further dissemination of data.
Findings of Court:
The court observed that the disclosure of such sensitive personal information posed a significant risk of identity theft and financial fraud. Establishing a prima facie case, the court determined that the balance of convenience lay with the plaintiff and that failure to grant injunctions would result in irreparable loss.
Issues: Whether the plaintiff is entitled to an ex-parte ad-interim injunction to block rogue websites and prevent the publication of stolen customer data by anonymous defendants.
Ratio Decidendi: In cases of severe data breaches involving confidential information, the court must grant immediate protection to rights of privacy and data security. The court noted its previous orders in similar insurance sector breaches, emphasizing the need to mitigate irreparable hardship through preventive injunctions against domain registries and service providers.
Result: Application allowed; interim injunction granted.
| Table of Content |
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| 1. procedural exemptions granted based on urgency and prior judicial precedents. (Para 1 , 2 , 3 , 4 , 5 , 6 , 7 , 8 , 9 , 10 , 11 , 12 , 13 , 14) |
| 2. registration of suit and initial administrative directions for service of summons. (Para 15 , 16 , 17 , 18 , 19 , 20) |
| 3. substantiation of data breach, extortion attempts, and potential irreparable harm. (Para 21 , 22 , 23 , 24 , 25 , 26 , 27 , 28 , 29 , 30 , 31 , 32 , 33 , 34 , 35 , 36 , 37 , 38 , 39 , 40 , 41 , 42) |
| 4. grant of ex-parte ad-interim injunction to protect confidential data. (Para 43 , 44) |
| 5. procedural directions for future filings and listing of the matter. (Para 45 , 46 , 47 , 48 , 49) |
1. The present is an application under Section 151 of the Code of Civil Procedure, 1908 (“CPC”), on behalf of the plaintiff, seeking exemption from filing legible copies of some annexures with improper margins.
2. Exemption is granted, subject to all just exceptions.
3. Plaintiff shall file legible copies of the documents, on which the plaintiff may seek to place reliance, before the next date of hearing.
4. Accordingly, the present application is disposed of.
I.A. 5111/2025 (Exemption from advance service to the defendants)
5. The present is an application under Section 151 of CPC seeking exemption from giving prior notice to parties under Section 80 of CPC.
6. The plaintiff seeks urgent interim relief. Therefore, in the peculiar facts and circumstances of this case, exemption from effecting advance service upon the defendants, is granted.
7. For the reasons stated in the application, the same is allowed and disposed of.
I.A. 5110/2025 (Exemption from undergoing Pre-Institution Mediation)
8. 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.
9. 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.
10. Accordingly, the application stands disposed of.
I.A. 5109/2025 (Application seeking extension of time for filing Court Fees)
11. The present application has been filed under Section 148 read with Section 149 of the CPC, seeking extension of time to file the Court Fees.
12. Learned Senior Counsel appearing for the plaintiff upon instructions submits that the requisite Court Fees shall be filed within a period of two weeks from today.
13. Liberty is so granted.
14. With the aforesaid directions, the present application is disposed of.
CS(COMM) 171/2025
15. The present matter has been received on transfer.
16. Let the plaint be registered as suit.
17. Upon filing of the process fee, issue summons to the defendants by all permissible modes. 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 plaintiff’s documents, without which, the written statement shall not be taken on record.
18. Liberty is given to the plaintiff 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 plaintiff, an affidavit of admission/denial of documents of the defendants, be filed by the plaintiff, 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.
19. List before the Joint Registrar (Judicial) for marking of exhibits, on 28th April, 2025.
20. List before the Court on 28th August, 2025.
