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2011 DIGILAW 1030 (DEL)

Tata Sons Limited v. Dharmendra

2011-12-01

V.K.JAIN

body2011
ORDER : V.K. Jain, J.- IA/2011 Order 1, Rule 10 (2), read with Section 151 of Civil Procedure Code)(to be numbered) This is an application for impleading Mr.Cyrus Pallonji Mistry as plaintiff No.2 in this suit. The application is allowed. The amended plaint as well as amended memo of parties are taken on record. The application stands disposed of accordingly. IA 18977/2011(u/S.149 CPC) The learned counsel for the plaintiff states that the deficient court fee has been filed on 30th November, 2011. The time for filing the court fee is extended till the date it was actually filed. The application stands disposed of accordingly. CS(OS) 2963/2011 and IA 18975/2011( Order 39, Rule 1 and 2 Civil Procedure Code) Be issued summons in the suit and notice of the application to the defendant for 5th January, 2012. The process to defendant be sent through e-mail at the e-mail address crampal7@gmail.com as well as through Blue Dart Courier. The requisite charges in this regard shall be deposited by the plaintiffs within a week and the process to the courier will be delivered by the Registry directly in the office of the courier. 1. The case of the plaintiff is that immediately after announcement of the appointment of plaintiff No.2 as the chairman of plaintiff No.1 Tata Sons Limited, the defendant registered a domain name www.cyruspallonjimistry.com in order to misuse his name and earn money by selling the aforesaid domain name at a later date. It has been pointed out that on accessing the domain name www.cyruspallonjimistry.com, a message appears, requiring the viewer to contact at crampal7@gmail.com to buy the domain name. The case of the plaintiffs, is that use of the name of plaintiff No.2 as a part of a domain name, amounts to invasion of his private rights which the defendant is not permitted to do. In support of their contention, the plaintiffs have relied upon the decision of this Court in Jaitley Vs. Network Solutions Private Limited, 81 2011 DLT 716 . 2. I am satisfied that the object of granting injunction may be frustrated if ex parte injunction is not granted. The defendant is restrained, till further orders, from uploading any content on the www.cyruspallonjimistry.com and from selling the aforesaid domain name to any person except plaintiff No.2 without prior permission of the Court. 3. 2. I am satisfied that the object of granting injunction may be frustrated if ex parte injunction is not granted. The defendant is restrained, till further orders, from uploading any content on the www.cyruspallonjimistry.com and from selling the aforesaid domain name to any person except plaintiff No.2 without prior permission of the Court. 3. He is also directed to remove the message regarding sale of the aforesaid domain name within two days of the service of this order on him. 4. This order will operate from the time it is served upon defendant along with suit summon and notice of the application. The plaintiffs are directed to take dasti process and get defendant served at their own responsibility within one week. The Registry is directed to give dasti process to the plaintiff within three days. 5. The plaintiffs are directed to comply with provisions of Order 39 Rule 3 of CPC within 24 hours. 6. Dasti.