Delhi High Court Asks WhatsApp To Explain Mechanism Followed By It For Implementing Directions To Remove Or Block Groups

The Delhi High Court has asked WhatsApp LLC to file an affidavit explaining the mechanism followed by it to identify a group by its name and the technical difficulties which it would face for implementing directions to remove or block access to the same.

Justice Sanjeev Narula sought WhatsApp's response in a suit filed by Peak XV Partners Advisors India LLP, formerly Sequoia Capital India & SEA, against various unknown persons (john doe) alleging that a fraudulent online investment and trading scheme was orchestrated by them.

It was alleged that unwary consumers were directed to the website and mobile application “https://pakxv.joyppp.com/” and “PAK XV” and were offered multiple investment options, but the returns were not received by the investors.

Peak XV alleged that the unknown individuals were using the name “PAK XV”, which was deceptively similar to its “PEAK XV” trademark, to lure the consumers.

It was further claimed that the impugned website was offering an option for customer service through WhatsApp group titled “Peak XV⚽️1026”.

On January 24, an ex parte ad interim order was passed and Meta was directed to delete the WhatsApp groups and to remove or block access to the WhatsApp accounts of the mobile numbers, as mentioned in the plaint.

Peak XV then moved an application to extend the said directions with suitable modifications to WhatsApp LLC.

Advocate Tejas Karia appearing for WhatsApp opposed the plea on the ground that there was no evidence to show that the mark “PEAK XV” was violated by the phone numbers in question.

He stated that there was no material to show that the WhatsApp accounts had posted messages resembling the impugned content in the group titled “Peak XV 1026” within the Indian territory.

He said if the court was to direct WhatsApp to suspend or block the group's operations, Peak XV must provide further information, such as the name of the group administrators or the group invite link to the WhatsApp group.

Finding no merit in the submissions, the court observed that prima facie, the owners of all the phone numbers, who were the group administrators of WhatsApp group, were working in collusion with one another.

While directing WhatsApp to remove or block access to the accounts of all the mobile numbers, the court said:

“Insofar as the suspension/ deletion of the WhatsApp group is concerned, WhatsApp LLC is directed to file an affidavit explaining the mechanism followed by them to identify a group by its name and the technical difficulties that they would face for implementing such a direction. Plaintiffs, in the meantime, are permitted to undertake attempts to ascertain another identifier that can be provided to WhatsApp LLC for implementing directions to remove/ block the group “Peak XV 1026.”

The court further directed WhatsApp to file in a sealed cover the Basic Subscriber Information relating to the WhatsApp accounts of the mobile numbers as available with it.

Counsel for Plaintiffs: Ms. Sneha Jain, Mr. Yatinder Garg, Mr. Akshay Maloo and Mr. Rajit Ghosh, Advocates

Counsel for Defendants: Mr. Piyush Beriwal, Mr. Vedansh Anand and Mr. Nikhil Kumar Chaubey, Advocates for D-5 & 6/ UOI; Mr. Neel Mason, Mr. Vihan Dang, Mr. Ujjawal Bhargava and Mr. Aditya Mathur, Advocates for D-8/ Google LLC; Mr. Tejas Karia, Ms. Swati Agarwal, Mr. Shashank Mishra, Mr. Mohit Singh, Ms. Akshi Rastogi, Ms. Vedika Rathore and Ms. Ritika Bansal, Advocates for WhatsApp LLC

Title: PEAK XV PARTNERS ADVISORS INDIA LLP & ANR. v. JOHN DOE & ORS.

Citation: 2024 LiveLaw (Del) 316

Click Here To Read Order