CS(COMM) 675/2019

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IN THE HIGH COURT OF DELHI AT NEW DELHI

Reserved on: 22.09.2022

Date of decision: 12.10.2022

+

CS(COMM) 675/2019 & I.A.17453/2019

DHANI LOANS AND SERVICES LIMITED & ANR.

..... Plaintiffs

Through:

Mr.Luv Virmani & Ms.Aadya

Chawla, Advs.

versus

WWW.DHANIFINANCE.COM & ORS.

..... Defendants

Through:

Ms.Shweta Sahu, Adv.for D-2& 3.

CORAM:

HON'BLE MR. JUSTICE NAVIN CHAWLA

1. The present suit has been filed by the plaintiffs inter-alia seeking a

decree of permanent injunction restraining the defendant no. 1, its family

members, partners/promoters, directors, servants, agents, franchisees or

any one acting for and on their behalf in any manner using the impugned

trade

mark/logo

or

the

domain

name

www.dhanifinance.com or any identical or deceptively similar trade

mark/name/logo or domain name either as a trade mark, trading style,

logo, domain name or in any other manner which is identical or

deceptively similar to the plaintiffs’ trade marks 'DHANI' or the

This is a digitally signed Judgement.

NEUTRAL CITATION NO: 2022/DHC/004201

CS(COMM) 675/2019

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‘POTLI’

device stand-alone or in any combination thereof

and/or domain name www.indiabullsdhani.com, in relation to any

services especially for financial and transaction services and assistance

thereto.

2. The plaintiffs further prayed for a direction to the defendant nos. 2

and 3 toprovide all the details of the registrant of the domain name of the

defendant no. 1; including the name, address, contact number, e-mail ID,

including its whereabouts and other such relevant details disclosing the

identity of the registrant of the domain name of the defendant no. 1, along

with the Internet Protocol (in short, ‘IP’) address of the domain name of

the defendant no.1.

3. As far as the defendant nos.2 and 3 are concerned, vide order of

this Court dated 22.09.2022, while passing certain directions, with the

consent of the plaintiffs and the defendant nos. 2 and 3, they were deleted

from the array of parties.

4. As far as the defendant no. 1 is concerned, it was proceeded ex-

parte vide order of this Court dated 22.08.2022. The defendant no. 1,

despite service, had neither entered appearance in the suit nor filed its

written statement.

FACTUAL BACKGROUND

5. It is the case of the plaintiffs that the plaintiffs are a part of the

Indiabulls Group, which has been providing financial services in India as

well as internationally since the year 1994. The Indiabulls Group, as on

This is a digitally signed Judgement.

NEUTRAL CITATION NO: 2022/DHC/004201

CS(COMM) 675/2019

Page 3 of 19

31.03.2018, had a combined revenue of over Rs. 22,114.9 Crore (Rupees

Twenty-Two Thousand One Hundred Fourteen and Nine Crore only) and

PAT of Rs. 6,072.2 Crore (Rupees Six Thousand Seventy-Two and Two

Crore only). The plaintiff no. 1 alone had a combined revenue of over Rs.

1650 Crore (Rupees One Thousand Six Hundred Fifty Crore only) and

PAT of over Rs. 400 Crore (Rupees Four Hundred Crore only) as on

31.03.2019.

6. The plaintiffs assert that the plaintiff no. 1 is a non-banking finance

company and is a wholly owned subsidiary of the plaintiff no. 2. The

plaintiff no. 1 is inter-alia engaged in the business of providing personal

loans, business loans and various other financial facilities through its

array of products.

7. It is further asserted that the plaintiff no. 2 is one of India's leading

capital market companies providing securities and derivative brokering

services. The plaintiff no. 2 was the first company to be assigned a BQ-1

Grading by the CRISIL, which is the highest broker quality grading.

Brickworks Ratings has also assigned a strong credit rating of BWR A+

and BWR A1+ for the plaintiff no.2’s fund and non-fund-based facilities.

8. The plaintiffs further assert that in September 2017, the plaintiffs

launched