CS(COMM) 292/2019 Page 1 of 22

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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CS(COMM) 292/2019 &I.A. 4975/2022

PHONEPE PRIVATE LIMITED

..... Plaintiff

Through:

Mr. Sandeep Sethi and Mr. Jayant

Mehta, Senior Advocates with Mr. Nitin Sharma,

Ms. Shilpa Gupta and Mr. Vaarish Sawlani,

Advocates.

versus

EZY SERVICES & ANR.

..... Defendants

Through:

Mr. J. Sai Deepak, Mr. Karmanya

Dev Sharma and Mr. Aditya Goel, Advocates.

CORAM:

HON'BLE MS. JUSTICE JYOTI SINGH

JUDGEMENT

JYOTI SINGH, J.

I.A. 9897/2021 (Under Order 11 Rule 1(10) read with Section 151 CPC, by

Defendants), 9898/2021 (Under Section 151 CPC, by Defendants)

1.

I.A. 9897/2021 has been filed on behalf of the Defendants for filing

additional documents under Order XI Rule 1(10) read with Section 151 CPC

as amended by the Commercial Courts, Commercial Division and

Commercial Appellate Division of High Courts Act, 2015 (hereinafter

referred to as the ‘Act’).

2.

I.A. 9898/2021 has been filed on behalf of the Defendants seeking

permission to file certain contracts mentioned in the List of Documents in

I.A. 9897/2021, in a sealed cover as they contain information which is

confidential and disclosure of which shall be detrimental to the business

interests of the Defendants.

This is a digitally signed Judgement.

NEUTRAL CITATION NO: 2022/DHC/003328

CS(COMM) 292/2019 Page 2 of 22

3.

Plaintiff has filed the present suit seeking a decree of permanent

injunction restraining the Defendants and all others acting on their behalf

from using ‘Pe’ or any deceptive variant of ‘PhonePe’, which is identical

and/or similar to Plaintiff’s trademarks PhonePe,

,

amounting to infringement as well as in respect of payment services or in

any other manner, thereby amounting to passing off, along with other reliefs

claiming damages etc.

4.

Summons in the suit were issued to the Defendants on 29.05.2019.

Upon being served, Defendants filed their written statement on 01.07.2019.

Replication was filed by the Plaintiff on 21.08.2019. Both parties have filed

their affidavits of admission and denial of documents as well as joint

schedule of documents. Admittedly, issues are yet to be framed in the suit.

5.

By the present application being I.A. 9897/2021, Defendants seek to

place on record the following additional documents:

1.

Certificate issued by the Finance Controller of Defendant No. 2

attesting to the number of transactions that have taken place on

Defendant No. 2 mobile application.

2.

Certificate issued by the Finance Controller of Defendant No. 2

attesting to the expenses of Defendant No. 2 on advertisements and

business promotions.

3.

Certificate issued by the Finance Controller of Defendant No. 2

attesting to the annual turnover of Defendant No. 2.

4.

Certificate issued by the Finance Controller of Defendant No. 2

attesting to the capital and debt funds of Defendant No. 2.

This is a digitally signed Judgement.

NEUTRAL CITATION NO: 2022/DHC/003328

CS(COMM) 292/2019 Page 3 of 22

5.

Certificate issued by the Finance Controller of Defendant No. 2

attesting to the number of merchants that have tied up with Defendant

No. 2.

6.

Certificate issued by the Finance Controller of Defendant No. 2

attesting to the number of Defendant No. 2’s mobile application

downloads.

7.

Certificate issued by the Finance Controller of Defendant No. 2

attesting to the investment done by third parties on Defendant No. 2.

8.

Certificate issued by the Finance Controller of Defendant No. 2

attesting to the number of internet hits of Defendant No. 2’s website.

9.

Certificate issued by the Finance Controller of Defendant N