Case Law Details
Indiamart Intermesh Limited Vs Mr Sameer Samim Khan & Ors (Delhi High Court)
This is an application seeking exemption from advance service to Defendant No.1. Considering the nature of the matter, and the fact that Defendant No.1 has registered the domain name https://india-mart.co/ and fraudulently offering jobs using the name of the Plaintiff, the exemption is granted.
The Plaintiff is aggrieved by Defendant No.1’s registration of the impugned domain name- https://india-mart.co/. The said domain name has been registered on 07th August, 2022. However, other details of the said domain name are completely protected and the details on ‘WHOIS’ have been masked for privacy by the domain name registrar, Defendant No.3-GoDaddy.com LLC. Defendant No.1 is also stated to be operating a website from the said domain name where it features the photographs of Plaintiff’s promoters and also gives the details of the Plaintiff’s address- IndiaMart Intermesh Limited 1st Floor, 29-Daryaganj, Netaji Subhash Marg, New Delhi- 110002. The mobile number given by Defendant No.1 is as follows +91-9372944497. On the said website, Defendant No.1 is luring gullible persons and offering them ‘work from home’ jobs under the ‘Indiamart’s Data Entry Project’. For the said purpose, the Defendant No. 1 is also offering various plans which can be availed by anyone after payment of application fees of Rs. 899/- and 1199/-.
In the month of August, 2022, the activities of Defendant No.1 came to the attention of the Plaintiff. The Plaintiff then made some enquiries and found that on some of the openly available telephone directories such as Truecaller, the details of Defendant No.1 are in fact consisting of the logo, name, and the address of the Plaintiff. The only connection to actually trace Defendant No.1 appears to be his e-mail address-indiamart.co.in@gmail.com and mobile number- +91-9372944497.
HC Heard ld. Counsel for the Plaintiff and perused the record. It is clear to the Court that Defendant No.1 is completely passing off and indulging in fraudulent activity by showcasing himself as the Plaintiff/ Plaintiff’s representative and collecting various sums of money by allegedly offering job opportunities. The website leaves no doubt in the mind of the Court that the entire business of Defendant No.1 is mala fide, dishonest and illegal and also contrary to law.
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