There have been circumstances, where Arbitrator felt that costs be awarded in favor of NIXI as well. The following three instances are such, where huge costs were awarded by these Arbitrators:
1) INDRP/083 – Pantaloons.in
Complainant: Pantaloon Retail India, Mumbai India
Respondent: Michael Martin USA
Decided on Saturday, May 23, 2009
By ex-Arbitrator: Ms. Deepa Gupta
Ordered for Transfer of Domain name and also Costs/Penalty of Rs 25,000 upon Complainant to NIXI and USD 1,000 upon Respondent to NIXI.
Reasoning by the Arbitrator for Rs 25,000: As penalty for being an accomplice in an act of illegality so as to act as a deterrent for all others to being an accomplice/ a party to Criminal offence of offering money to a Cyber Squatter for buying a Domain name. (the parties tried to settle the matter out of the proceedings)
Reasoning by the Arbitrator for USD 1,000: As a punishment and penalty for resorting to illegal means/ cyber squatting and as cost of this proceedings for burdening the administration to fulfill his dirty ulterior motives. In the facts and circumstances of this case this tribunal further directs the registry of NIXI to take adequate precaution in entertaining such complaints and send a copy of this decision to the Hon’ble High Court of Delhi at New Delhi to take further actions against the miscreants as this tribunal cannot go beyond its jurisdiction.
2) INDRP/337 – Lotsralphlaurenpolo.in
Complainant: The Polo / Lauren Company L.P. USA
Respondent: Zhong Zhentao China
Decided on Friday, April 19, 2013
By ex-Arbitrator: Ms. Deepa Gupta
Ordered for Transfer of Domain name and also Costs/Penalty of $10,000 upon Respondent to be paid to NIXI.
Reasoning by the Arbitrator: As a punishment and penalty or resorting to illegal means / cyber squatting and as cost of this proceedings for burdening the administration to fulfill his dirty ulterior motives. In the facts and circumstances of this case this tribunal further directs the registry of NIXI to take adequate precaution in entertaining such complaints and send a copy of this decision to the Hon’ble High Court of Delhi at New Delhi to take further actions against the miscreants as this tribunal cannot go beyond its jurisdiction.
3) INDRP/511 – Milipol.in
Complainant: GIE Milipol, France
Respondent: DANA, Romania
Decided on Monday, August 19, 2013
By Arbitrator Ms. Harini Narayanswamy
Ordered for Transfer of Domain name and also Costs/Penalty of $1000 to the Complainant & $5000 to NIXI, both by the Respondent.
Reasoning by the Arbitrator: For the disrespect shown by the Respondent’s representative to the institution NIXI and the Arbitrator nominated by NIXI. The amounts are liable to be recovered from the Respondent with interest if the amount are not paid within two month of this order and Respondent shall be further liable to pay for the further costs of recovering the amounts if said amounts are not paid within given two months.
In the last matter of Mrs Harini Narayanswamy, she did comment on this at DomainX 2014 (07th September 2014), stating that she received threatening emails and also threatening calls from the Respondent side. Therefore, in the circumstance it was quite appropriate to have penalized the Respondent, in order to prevent such kind of abuse of panels and the law in future !
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