Certificate 65 (B) Chavvi

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IN THE HIGH COURT OF DELHI AT NEW DELHI

(Intellectual Property Division – Original Civil Jurisdiction)

C.O. (Comm-IPD/TM) ____of 2023

Chavvi Poplai & Anr. … Applicants


Versus
Rajesh Chugh & Anr. … Respondents

CERTIFICATE UNDER SECTION 65B OF THE EVIDENCE ACT,


1872 OF MRS. CHAVVI POPLAI, AGED 59 YEARS, R/O HOUSE
NO.2, ARJUN MARG, DLF PHASE-I, GURUGRAM, HARAYANA-
122001

I, Chavvi Poplai, W/o Kamal Poplai, aged 59 years, R/o House No.2, Arjun
Marg, DLF Phase-I, Gurugram, Harayana- 122001, do hereby solemnly
affirm and declare as under:

1. I state that I am the Applicant No. 1 and by virtue of which I am well


conversant with the facts and circumstances of the present case. I
further state that I also have been provided access to the records
maintained by the Applicant entity in the ordinary course of business.

2. I state that for the purpose of the present suit I have accessed website
link emails and other electronic records mentioned below. I further
downloaded the same onto the computer described below which is
regularly used by me in the ordinary course of business and thereafter,
printed the relevant information using a printer regularly used by me in
the ordinary course of business.

3. The Electronics records are as follows:


Sl. Document SOURCE DATE OF
NO. (Electronic Record) PRINT

1. Printouts from website of https://ipindiaservices.g 11/10/2023,


Trademark Registry pertaining ov.in/eregister/eregister. 18:20 hrs
to the Respondents TM aspx
Registration No. 434790

2. Printouts from website of https://ipindiaservices.g 11/10/2023,


Trademark Registry ov.in/eregister/eregister. 18:29 hrs
pertaining to the Respondents aspx
TM Registration No. 434790

3. Printouts from website of https://ipindiaservices.g 11/10/2023,


Trademark Registry ov.in/eregister/eregister. 18:42 hrs
pertaining to the Respondents aspx
TM Registration No. 434790

4. Printout from the website of https://en.wikipedia.org 18/09/2023,


the Wikipedia, of the web /wiki/Nizam_(title) 17:31 hrs
page showing meaning of the
word “NIZAM’S”

5. Printout from the website of https://en.wikipedia.org 18/09/2023,


the Wikipedia, of the web /wiki/Nizam_of_Hyder 17:32 hrs
page showing origin of word abad
“Nizam’s” as title of monarch
of Hyderabad

6. Printouts from website of https://ipindia.gov.in/ 18/09/2023,


Trademark Registry 17:55 hrs
pertaining to another
registered user bearing no.
1976709 named “Nizam’s
Kitchen Hyderabadi biryani”
7. Printouts from website of https://ipindia.gov.in/ 18/09/2023
Trademark Registry 17:29 hrs
pertaining to another
registered user bearing no.
1976709 named “Nizam’s
Kitchen Hyderabadi biryani”
8. Internet extracts from the 25/10/2023,
website of Times of India https://timesofindia.indi 11:13 hrs
(https://timesofindia.indiatime atimes.com/life-
s.com) style/food-news/7-
nizami-dishes-that-you-
can-make-regularly-for-
dinner/photostory/8962
2139.cms?from=… 1

9. Internet extracts from the https://www.awazthevo 12/10/2023,


website of Awaz the voice ice.in/women- 12:13 hrs
(https://www.awazthevoice.in news/khaja-begum-
) dishes-out-authentic-
royal-food-of-nizams-
5893.html
10. Internet extracts https://www.eazydiner. 25/10/2023,
from the website of Eazy com/food-trends/roll- 12:15 hrs
diner play
(https://www.eazydiner.com/)

11. Internet extracts https://www.virsanghvi. 25/10/2023,


from the website of Vir com/Article- 12:10 hrs
Sanghi Details.aspx?key=517
(https://www.virsanghvi.com/
)
12. Internet extracts https://www.tripadvisor 25/10/2023,
from the website of Trip .in/Restaurant_Review- 11:37 hrs
Advisor (www.tripadvisor.co g32655-d468386-
m) Reviews-
Nizam_of_India-
Los_Angeles_Californi
a.html
13. Internet extracts https://nizam- 25/11/2023,
from the website of Nizam biriyani.business.site 04:15 hrs
Biriyani (old shop) -
Restaurant in Royapuram

14. Internet extracts https://www.zomato.co 25/10/2023,


from the website of m/chennai/new-nizam- 12:22 hrs
https://www.zomato.com briyani-avadi/menu

15. Internet extracts https://www.swiggy.co 25/10/2023,


from the website of m/restaurants/new- 12:23 hrs
https://www.swiggy.com nizam-briyani-avadi-
chennai-506353
16. Internet extracts https://www.swiggy.co 25/10/2023,
from the website of m/restaurants/nizam- 12:20 hrs
https://www.swiggy.com biryani-catering-
royapuram-old-
washermanpet-chennai-
88711
17. Internet extracts https://www.justdial.co 25/10/2023,
from the website of m/Chennai/Nizam- 12:21 hrs
https://www.justdial.com Biryani-Multi-Cuisine-
Restaurant-Opposite-
To-Ramzan-Mahal-
Near-Nilgiris-
Supermarket-
Royapuram/04…
18. Internet extracts https://nizams.business. 25/10/2023,
from the website of site 12:31 hrs
https://nizams.business.site

19. Internet extracts https://www.justdial.co 25/10/2023,


from the website of m/Mumbai/Nizams- 12:33 hrs
https://www.justdial.com Authentic-Hyderabadi-
Cuisine-Khetwadi-
girgaon/022PXX22-
XX22-210929091134-
T2V1_BZDET
20. Internet extracts https://yappe.in/kerala/k 25/10/2023,
from the website of ozhikode/nizam-s- 12:35 hrs
https://yappe.in/kerala biriyani-
restaurant/428816

21. Internet extracts https://www.tripadvisor 25/10/2023,


from the website of Trip .in/Restaurant_Review- 12:24 hrs
Advisor (www.tripadvisor.co g297628-d6078847-
m) Reviews-
Nizam_s_Biryani_Hous
e-
Bengaluru_Bangalore_
District_Karnataka.h…
22. Internet extracts https://www.justdial.co 25/10/2023,
from the website of m/Delhi/Nizams-Food- 12:05 hrs
https://www.justdial.com Near-Kala-Pathar-
Vaibhav-Khand-
indirapuram/011PXX11
-XX11-131215144637-
V8F3_BZDET
23. Internet extracts https://magicpin.in/Hyd 25/10/2023,
from the website of erabad/Karkhana/Resta 13:08 hrs
https://magicpin.in urant/NizamS-
Kitchen/store/634026/?
utm_source=aroundyou
24. Internet extracts 10/25/23, 11:39 AM 25/10/2023,
from the website of Nizam's House 11:39 hrs
https://www.instagram.com (@nizamshouse) •
Instagram photos and
videos
https://www.instagram.
com/nizamshouse/?hl=e
n

The relevant printouts as downloaded and printed by me are filed along


with the List of Documents.
4. I state that I have accessed the information through a computer of the
system being administered by me and is regularly used by me in the
ordinary course of business and have taken printous using a printer
which is regularly used by me in the ordinary course of business.

5. I am advised to state that the conditions of Section 65B of the Indian


Evidence Act, 1872 are complied with in respect of these documents.

6. In particular, I confirm: -
a) That the said computer system and the printer are regularly used to
produce the computer outputs like emails and information from the
World Wide Web (Internet) and store other electronic records such as
power point presentations. The relevant information from the websites,
emails and electronic records as mentioned above was downloaded by
me in the course of activity of the Applicants. I have a lawful control
over the use of the said computer system and the printer by virtue of
my capacity in the organization.
b) That the electronic records mentioned above were printed from the
computer system as a part of the ordinary course of activities of the
organization.
c) That the computer system and the printer as used by me has been
operating properly and the electronic records and their accuracy and
contents have not been altered and tampered with in any manner
whatsoever.
d) That the information contained in the computer outputs is an exact
replica and has been produced from the original Electronic record and
therefore, reproduces the information contained on the Electronic
Records therein.

DEPONENT
VERIFICATION
Verified at New Delhi on this ___ day of _____, 2023 that the contents
of paragraph 1 to 4 of my affidavit are true to my knowledge and the
contents of paragraph 5 and 6 is based on legal advice received and
believed to be true and nothing material or relevant has been concealed
there from.

DEPONENT
Through

Date: ASHISH DEEP VERMA


Place: New Delhi COUNSEL FOR APPLICANTS
15th Floor, Eros Corporate Tower,
Nehru Place, New Delhi
Contac No.: 8130441280
E-Mail: ashish@vidhisastras.com

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