JUDGMENT Prathiba M. Singh, J. (Oral) - This hearing has been done through hybrid mode. 2. These matters relate to domain names being registered by unknown third parties infringing trademark right of various brand owners and implementation of court orders by the Domain Name Registrars (`DNR'). From time to time, various directions have been passed by this Court in respect of blocking and locking of the infringing domain names, and implementation of court orders by various DNRs which may or may not be located in India. 3. Today, submissions have been made in part by Mr. Dayan Krishnan, Mr. Darpan Wadhwa, Mr. Rajshekhar Rao, ld. Senior Counsels and Mr. Harish V. Shankar, ld. CGSC. 4. Ms. Hetu Arora Sethi, ld. ASC has placed on record a consolidated status report dated 26th September, 2023 in respect of 29 cases. It is her submission that out of 29 matters, chargesheets have been filed in 10 matters. 5. Ms. Sethi, ld. ASC has also placed on record a written note of arguments in respect of the challenges faced by the Cyber Cell of the Delhi Police in investigation. The said challenges are as under: i. Delay by Banks in replying to emails and information sought by the Cyber Cell. ii. Domain Name Registrars (DNRs) and intermediaries who are hosting the website not providing proper details of the Registrants in respect of cloud services and other services availed by them. iii. Use of VOIP,VPN, etc. by fraudsters to avoid detection. iv. Non-providing of information by Google even though fake websites have booked AdWords through Google Ads programme. 6. The relevant proportion of the said written note of arguments is set out below: "3. In pursuance of the Orders/Directions passed by this Hon'ble Court, investigations have been carried out and Status Reports have been filed from time to time. Cyber Cell of Delhi Police in one of its Status Report pointed out the challenges faced by Cyber Cell while investigating cases and the same has been recorded by this Hon'ble Court, in para 14 of its order dated 03.08.2022. Followings are some of the challenges faced by Cyber Cell while investigating cases with Banks, Financial Institutions, DNRS, Telecom Service Providers and various other agencies: (i) Delay by Banks in reply to e-mails sent by IFSO. Followings are some of the challenges faced by Cyber Cell while investigating cases with Banks, Financial Institutions, DNRS, Telecom Service Providers and various other agencies: (i) Delay by Banks in reply to e-mails sent by IFSO. When a query or details of Account number, KYC documents, Account opening forms, IP Address of net banking are asked by Investigating Agencies, timely reply is rarely received . Some of the Banks namely SBI Bank, City Bank, PNB take considerable time in providing the details and if the transactional details like IMPS/NEFT/RTGS are asked for, it takes more time. (ii) Upon investigation by IFSO, it is found that Bank Accounts are being opened by Bank Officials without proper verifications of addresses of the account holder . In online bank accounts, without physical verification, Banks allow the account holder to withdraw the amount for a limit of Rs.1-2 Lakhs. (iii) Original IP, associated mobile number, recovery mail etc vide which the domain was created/came in existence. Latitude and Longitude captured by the system of the intermediary while creating the domain/sub-domain. (iii) Various payment methods, channels, UPI IDs and multiple bank accounts are used to collect money. It takes considerable time to follow up with each of the Banks to provide information . (iv) Another big challenge IFSO faces is to trace the identity of Cyber Criminals/fraudster who are domain name registrants hiding under the garb of the privacy features enabled by Domain Name Registrants . (v) The intermediary hails from abroad does not furnish the below mentioned details: (i) Details of the Registrants who have allocated the domain/sub domain to the fraudster. Mode of payment of getting domain. (ii) Details of the Intermediary providing cloud services/web hosting etc. Mode of payment for availing said services. (iii) Original IP, associated mobile number, recovery mail etc vide which the domain was created/came in existence. Latitude and Longitude captured by the system of the intermediary while creating the domain/sub-domain. (iv) IP logs of the said domain/web site on the ground of its private policy etc. and warrants Letter Rogatory/MLAT (Mutual legal Assistance Treaty) etc. which is a cumbersome process. (vi) Intermediaries are having servers based in foreign countries and arbitrarily deny the required information . (vii) VOIP (Voice over Internet Protocol) applications are not on radar of agencies . (viii) Fraudsters use virtual number (VPN), TOR etc. so that LEA is not able to track them . which is a cumbersome process. (vi) Intermediaries are having servers based in foreign countries and arbitrarily deny the required information . (vii) VOIP (Voice over Internet Protocol) applications are not on radar of agencies . (viii) Fraudsters use virtual number (VPN), TOR etc. so that LEA is not able to track them . (ix) Changing telecommunication modes shifts from GSM to application based communication which is a major challenge for Law Enforcement Agencies, as these medium provide high anonymity to the users. (x) Easy methods of digital impersonation such as cell ID spoofing, email spoofing available online. (xi) Use of fake and bogus IDs for obtaining SIM cards and bank accounts. Users. 7. Similarly, Complaint was received by the Ministry of External Affairs, New Delhi regarding fake websites to dupe the common public by accepting the passport applications of Indian Citizens and defrauding them by charging heavy processing fees in the name of Passport SevaProgramme. Upon investigation it was found that payments were made to Google Ads for listing these websites on the top in the search Engine enquiry at Google.com. Request was made to Google to provide the Customers details, contact nos, emails, Payments, transaction history etc as the said information is required as per the provisions of Section 91 Cr PC but an automatic reply is always received by Google stating therein "All requests for the disclosure of data must be accompanied by appropriate legal process....all communications be sent from an official government-issued email address" One such request letter by Cyber Cell and reply by Google is annexed as Annexure-1 ." 7. In view of the above stand of the Cyber Cell, it is deemed appropriate to issue notices to nominated counsels of all the banks who are nominated by the Delhi High Court, so as to evolve a method for ensuring that queries by the police authorities are replied to in a diligent and efficient manner, as it involves innocent customers being duped of substantial sums of money. The names of the nominated counsel to whom notice is directed to be issued by the Registry, without process fee, is annexed as Annexure A-1 . 8. The names of the nominated counsel to whom notice is directed to be issued by the Registry, without process fee, is annexed as Annexure A-1 . 8. Insofar as Google is concerned, Google LLC is directed to nominate one official who would communicate with the Cyber Cell, Delhi Police and provide them the information that they would need in respect of the fraudulent websites and render any other cooperation that may be needed to investigate the cases. 9. Insofar as CS(COMM)-303/2022 is concerned, Ms. Sethi, ld. Counsel submits that the request has been sent for information from Mumbai Police as on 19th September, 2023. Let the status report be placed on record. 10. List on 24th November, 2023. Annexure A-1 S. No. Standing Counsel Bank Mobile No. 1. Mr. Ramesh Babu RBI 9873922734 2. Mr. Rajeev Kapur SBI 9716076533 3. Mr. Santosh Kumar Rout PNB 9990432878 4. Mr. Manish Kumar Canara Bank 9971105049 5. Mr. Sarfaraz UCO Bank 9899140169 6. Mr. R. P. Vats Andra Bank 7. Mr. Jagat Arora Bank of India 9810176964 8. Mr Sanjeev Singh IDFC First 011471721592 9. Ms. Chetan Bhalla ICICI Bank 9810080772 10. Mr. Brijesh Kumar Tamber Indian Bank 9811829656 11. Mr. Sanjay Gupta Kotak Mahindra Bank 9811152920 12. Mr. Arun Arora Bank of Baroda 9811087995 13. Mr. V.K. Gupta Bank of Maharashtra 9582206578 14. Mr. Sanjay Gupta Barclays Bank PLC 9811152920 15. Ms. Ekta Choudhary Central Bank of India 9910376565 16. Mr. Samrendra Kumar Corporation Bank 9999114922 17. Mr. Sanjay Gupta CTBC Bank Co. Ltd. 9811152920 18. Mr. Sanjay Gupta HDFC Bank 9811152920 19. Mr. Krishan Kumar Indian Overseas Bank 9910577700 20. Mr. Sidhartha Barua IDBI 9899040660 21. Mr. Manish Sharma Indusind Bank 9971944566 22. Mr. Rajat Arora Punjab & Sind Bank 9810176964 23. Mr. Sanjay Gupta Standard Chartered Bank 9811152920 24. Mr. Sanjeev Sagar Union Bank of India 9811016162