Partly allowed¶14

Indus Towers Limited v. Ashok Kumar and Ors.

Delhi HC4 Apr 2025CS(COMM)/1130/2024

Case brief

AI extract

What is this about?

Indus Towers Limited v Ashok Kumar and Ors; Delhi High Court; CS(COMM) 1130/2024; I.A. 48509/2024; Amit Bansal; consent/settlement decree; trademark infringement; passing off; domain name transfer www.industowersltd.com; Domain Name Registrar (DNR); prayer clause E; decree sheet; pending applications disposed; order dated 04.04.2025; plaintiff counsel Kripa Pandit, Christopher, Prabhu Tandon; defendants 2-3 counsel Shweta Sahu, Parva Khare, Brijesh Ujjainwal.

What did the court decide?

Decree in terms of prayer clause E of the plaint: defendant no. 3 directed to transfer www.industowersltd.com to the plaintiff, subject to compliance with necessary formalities; other reliefs not pressed; pending applications disposed of; decree sheet to be drawn up. ¶14

Indus Towers Limited Vs Ashok Kumar and Ors. — Delhi HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

¶14

Issue for consideration

Whether the suit can be decreed in terms of prayer clause E of the plaint, with a direction to defendants no. 2 and 3 to transfer the impugned domain name www.industowersltd.com to the plaintiff, the plaintiff not pressing the other reliefs claimed. +1 more

¶9

Court's answer

A decree is passed in favour of the plaintiff and against defendants no. 2 and 3, directing defendant no. 3 to transfer www.industowersltd.com in favour of the plaintiff, subject to the plaintiff complying with the necessary formalities.

¶14

Ratio / Principle

The plaintiff does not press for any other reliefs prayed for in the plaint; the decree is confined to prayer clause E.

¶15

Key takeaways

All pending application(s) stand disposed of.ratio¶17
Direction issued for drawing up of the decree sheet.ratio¶16

Detailed headnote1 paragraphs

Delhi High Court (Amit Bansal, J.), CS(COMM) 1130/2024, order dated 04.04.2025: Commercial suit by INDUS TOWERS LIMITED against ASHOK KUMAR AND ORS. seeking permanent injunction for trademark infringement and passing off, with ancillary reliefs. Settled by consent: counsel for the plaintiff offered to have the suit decreed in terms of prayer clause E of the plaint, with a direction to defendants no. 2 and 3 to transfer the impugned domain name www.industowersltd.com to the plaintiff, declining to press the other reliefs. Defendant no. 3, the Domain Name Registrar ('DNR'), conveyed no objection to such a direction. The Court passed a decree in favour of the plaintiff and against defendants no. 2 and 3, directing defendant no. 3 to effect the transfer, subject to the plaintiff complying with the necessary formalities. Other reliefs not pressed; decree sheet ordered; all pending applications disposed of. The order contains no statutory references and cites no precedents.

¶1

$~22

¶2

* IN THE HIGH COURT OF DELHI AT NEW DELHI

¶3

- CS(COMM) 1130/2024 & I.A. 48509/2024

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INDUS TOWERS LIMITED .....Plaintiff Through: Ms. Kripa Pandit, Mr. Christopher & Mr. Prabhu Tandon, Advocates.

¶5

versus

¶6

ASHOK KUMAR AND ORS. .....Defendants Through: Ms. Shweta Sahu, Mr. Parva Khare & Mr. Brijesh Ujjainwal, Advocates for D-2 & 3.

¶7

CORAM: HON'BLE MR. JUSTICE AMIT BANSAL O R D E R % 04.04.2025

¶8

The present suit has been filed on behalf of the plaintiff, seeking relief of permanent injunction restraining the defendants from infringing the trademark, passing off along with other ancillary reliefs.

¶9

Counsel for the plaintiff submits that the present suit can be decreed in terms of prayer clause E of the plaint with a direction to defendants no. 2 and 3 to transfer the impugned domain name www.industowersltd.com, in favour of the plaintiff. Counsel for the plaintiff submits that she does not wish to press for other reliefs claimed in the plaint.

¶10

Counsel appearing on behalf of defendants nos. 2 and 3 submit that defendant no. 3 i.e., the Domain Name Registrar (‘DNR’), has no objection, if a direction is passed to defendant no.2 and 3 to transfer the impugned domain www.industowersltd.com, in favour of the plaintiff.

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Page 1 of 2

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CS(COMM) 1130/2024

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This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 08/04/2025 at 11:59:41

¶14

Accordingly, a decree is passed in favour of the plaintiff and against the defendants no.2 and 3, directing defendant no.3 to transfer the www.industowersltd.com, in favour of the plaintiff, subject to the plaintiff complying with the necessary formalities.

¶15

Counsel for the plaintiff does not press for any other reliefs as prayed for in the plaint.

¶16

Let the decree sheet be drawn up.

¶17

All pending application(s) also stand disposed of.

AMIT BANSAL, J

APRIL 4, 2025

Page 2 of 2

CS(COMM) 1130/2024

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Indus Towers Limited v. Ashok Kumar and Ors.

Case brief

What is this about?

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Indus Towers Limited v. Ashok Kumar and Ors.

Case brief

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What the court decided

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