JIGAR VIKAMSEY Vs. BOMBAY STOCK EXCHANGE LIMITED

JUDGEMENT

(1.) The petitioner (original respondent) has invoked section 34 of the Arbitration and Conciliation Act, 1996 (for short, the Act) and challenged an Award dated 17th August, 2008 passed by the Arbitrator appointed by the Internet Exchange of India, whereby the complaint filed by the respondent (original complainant) has been allowed and it is ordered that the disputed domain name "SENSEX.IN" be transferred to the respondent/company.

(2.) The basic averments of the complainant are as under:

(3.) The respondent, therefore, through Attorney sent email dated 24th July, 2007 to cease and desist from using the domain name, confusing and/or deceptively similar to the complainant's trademark "SENSEX". They have also applied to the Registrar, Direct Information Private Limited for cancellation of the registration of the impugned domain name and/or alternatively to transfer the same in favour of the complainant. The said notice was resisted by the petitioner and never stopped using the said disputed domain name. The complaint was, accordingly, lodged.