Nxtquantum Shift Technologies India … vs John Doe & Ors on 28 April, 2026

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    Delhi High Court – Orders

    Nxtquantum Shift Technologies India … vs John Doe & Ors on 28 April, 2026

    Author: Tushar Rao Gedela

    Bench: Tushar Rao Gedela

                  $~43
                  *         IN THE HIGH COURT OF DELHI AT NEW DELHI
                  +         CS(COMM) 429/2026
    
                            NXTQUANTUM SHIFT TECHNOLOGIES INDIA PRIVATE
                            LIMITED (TRADING AS AI+ SMARTPHONES) & ANR.....Plaintiffs
                                                          Through:            Mr. Ashim Vachher, Senior Advocate
                                                                              with Mr. Piyush Paswan, Ms. Sonali
                                                                              Karwasrajoon, Mr. Kunal Lakra and
                                                                              Ms. Saiba M Rajpal, Advocates.
                                                          versus
                            JOHN DOE & ORS.                                                                           ....Defendants
                                                          Through:            None.
                            CORAM:
                            HON'BLE MR. JUSTICE TUSHAR RAO GEDELA
                                                          ORDER
    

    % 28.04.2026

    I.A. 11319/2026 (Pre-Institution Mediation)

    SPONSORED

    1. This is an application filed by the plaintiffs seeking exemption from
    instituting Pre-Institution Mediation under Section 12A of the Commercial
    Courts Act, 2015 (hereinafter referred to as “CC Act“).

    2. As the present matter contemplates urgent interim relief, in light of
    the judgment of the Supreme Court in Yamini Manohar v. T.K.D. Keerthi,
    (2024) 5 SCC 815, exemption from the requirement of Pre-Institution
    Mediation is granted.

    3. The application stands disposed of.

    I.A. 11320/2026 (Seeking extension of time to file Court Fees)

    4. This is an application under Sections 148 & 149 read with Section
    151
    of the CPC filed by the plaintiffs seeking extension of time in paying

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    requisite Court Fees.

    5. Since the court fees are stated to have already been affixed, the
    present application has become infructuous.

    6. The application is disposed of.

    I.A.11321/2026 (Additional Documents)

    7. The present application has been filed on behalf of the plaintiffs under
    Order XI Rule 1(4) of the CPC as applicable to Commercial Suits under the
    CC Act seeking leave to place on record additional documents.

    8. The plaintiffs are permitted to file additional documents in
    accordance with the provisions of the CC Act and the Delhi High Court
    (Original Side) Rules, 2018 within thirty (30) days.

    9. Accordingly, the application stands disposed of.
    I.A. No.11322/2026 (Exemption from advance service to the Defendants)

    10. This is an application filed by the Plaintiffs under Section 151 of the
    CPC, seeking exemption from advance service to the Defendants.

    11. Learned Counsel for the plaintiffs, submitted that there is a real and
    imminent likelihood that the defendants may take immediate steps to dispose
    of, conceal or suppress its infringing materials/impugned videos.

    12. For the reasons stated, application is allowed.

    13. The application is disposed of.

    I.A. 11323/2026 (Exemption from filing legal proceeding certificates)

    14. The present is an application under Section 151 of the CPC seeking
    exemption from filing Legal Proceedings Certificates in respect of the
    registered Trade Marks relied upon by the plaintiffs in the present Petition.

    15. It is submitted that the plaintiffs have not been in a position to file the
    Legal Proceedings Certificates and undertake to file the same during the
    pendency of the present Suit.

    CS(COMM) 429/2026 Page 2 of 20

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    16. In view of the undertaking, the plaintiffs are permitted to file the
    relevant Legal Proceedings Certificate within 6 weeks.

    17. Accordingly, the application is allowed and disposed of in the aforesaid
    terms.

    I.A. 11324/2026 (Exemption from filing typed/clear copies of the
    documents)

    18. This is an application filed by the plaintiffs under Section 151 of CPC
    seeking exemption from filing typed/clear copies of the documents.

    19. Allowed subject to just exemptions. However, the clear and
    typed/translated copies of the documents with proper margins of the dim
    annexures be filed within four weeks with an advance copy to the defendants.

    20. The application stands disposed of.

    I.A. 11318/2026 (Interim Injunction)

    21. This is an application filed on behalf of the plaintiffs under Order
    XXXIX Rules 1 and 2 of CPC seeking ex-parte ad-interim injunction against
    the defendants.

    22. Plaintiff no.1/NxtQuantum Shift Technologies India Private Limited
    is stated to be a company incorporated in India under the Companies Act,
    2013
    , with CIN U27103MH2024PTC435713 having its registered office is
    at Gurugram, Haryana, India, operating in the Indian consumer tech market
    as ‘AI+’ or ‘AI+ Smartphones’. Plaintiff no.2/ Madhav Sheth is stated to be
    the Founder and CEO of plaintiff no.1 having over 25 years of experience in
    the Indian mobile and tech industry and has built multiple successful
    businesses.

    23. It is claimed by the plaintiffs that the plaintiff no.2 co-founded
    Realme in 2018 (with Sky Li, former VP of Oppo), serving as its CEO for
    India and Europe and that under his leadership, Realme grew from a nascent

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    brand to India’s fourth-largest smartphone brand, with global presence in
    more than 90 countries, having a ₹15 billion valuation. It is stated by the
    plaintiffs that following plaintiff no.2’s departure from Realme in June 2023,
    he joined HTech India (a subsidiary of Honor Phones) as CEO, and led its
    re-entry into the Indian smartphone market.

    24. It is further stated by the plaintiffs that in 2024, plaintiff no.2
    founded plaintiff no.1 with a transformative mission: to build India’s first
    fully sovereign smartphone – designed, manufactured, governed and owned
    entirely in India – addressing data sovereignty, cyber security, and national
    tech self-reliance. Plaintiffs claim that the plaintiff no.2’s, public reputation,
    and professional goodwill are established through numerous national awards
    which are enlisted in para 3 of the suit plaint and not repeated herein for
    prolixity. Plaintiffs also claim that plaintiff no.2 has been recognised by
    Forbes India, GQ India, and other publications as one of India’s top tech and
    entrepreneurship influencers.

    25. It is stated by the plaintiffs that the ‘AI+ Smartphones’ brand was
    launched in India on 8.07.2025, with Google Cloud India and Flipkart
    representatives attending and included the models Al+ Pulse (4G) and Al+
    Nova 5G manufactured in India at United Telelinks’ Noida facility. It is
    further stated by the plaintiffs that these phones run on NxtQuantum OS,
    claimed to be India’s sovereign mobile OS, with user data on MeitY-
    approved Google Cloud infrastructure in India and that the Company has
    added models like Al+ Nova 2 Ultra and Al+ Nova Flip.

    26. The plaintiffs claim that the ‘AI+ Smartphones’ brand has attracted
    consumer attention, media recognition, and investor interest since launch and
    that it has been covered by leading publications like Business Standard,
    Business Today, and YourStory and that the brand has been positioned as a

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    premium India-first offering focusing on data privacy, digital sovereignty,
    and AI-integrated experience.

    27. It is stated that by the plaintiffs that plaintiff no.1 has made
    significant investments in products, brand-building, manufacturing, R&D,
    and customer trust, also that the goodwill and reputation of ‘AI+
    Smartphones’ and plaintiff no.2 are central to plaintiff no.1’s commercial
    prospects and business model, and are assets of considerable commercial
    value.

    28. It is asserted by the plaintiffs that defendant no.2 has published a
    video on the YouTube platform under the title “This Indian Phone Is A
    Marketing Disaster!” on 09.04.2026, accessible at the URL:

    https://www.youtube.com/watch?v=kMaP YSU9M8 having over 2,59,454
    views, and defendant no.3 has published a video on the YouTube platform
    under the title “FAKE Indian Company – Needs to STOP” on 14.04.2026,
    accessible at the URL: https://www.youtube.com/watch?v=PU pUpqnzF4
    having over 3,32,950 views.

    29. It is further asserted by the plaintiffs that the impugned videos
    purport to be product reviews or critical assessments of ‘AI+ Smartphones’
    which contain statements that are:

    (i) false and unsubstantiated;

    (ii) defamatory in the sense that they are calculated to and do in fact
    lower the plaintiffs in the estimation of right-thinking members of the
    public;

    (iii) commercially disparaging, in that they constitute false statements
    about the goods and services of plaintiff no.1 intended to damage
    various businesses operated by it;

    CS(COMM) 429/2026 Page 5 of 20

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    (iv) malicious, in that they are published with reckless disregard for
    their truth or falsity; and

    (v) motivated by an improper commercial agenda rather than genuine
    public interest.

    30. Plaintiffs allege that the impugned videos contain false allegations
    about AI+ Smartphones’ data security and privacy, stating the devices
    harbour hidden apps, collect user data improperly, and risk user privacy.
    Plaintiffs claim these allegations are factually and technically false, and that
    AI+ Smartphones run on NxtQuantum OS, India’s sovereign mobile OS,
    with transparent data storage in India, zero-trust security, and user data
    control features, complying with Indian laws.

    31. Plaintiffs also allege that defendant no.2’s video contains false
    allegations that AI+ Smartphones misrepresent themselves as an ‘Indian
    brand’ with links to foreign entities. Plaintiffs claim AI+ Smartphones is
    entirely Indian-owned, products are made in India, NxtQuantum OS is
    developed in India, and cloud infrastructure is hosted in India on MeitY-
    approved servers. As per the plaintiffs, allegations of copied products are
    unsubstantiated and made without technical analysis.

    32. Plaintiffs also allege that the impugned videos contain false
    statements advising against buying AI+ Smartphones, making
    unsubstantiated remarks about the plaintiffs’ credibility and business,
    constituting injurious falsehood and have caused pecuniary damage given
    the defendants’ large subscriber base. As per the plaintiffs, the videos also
    allegedly contain irrelevant references to plaintiff no.2’s background to
    prejudice public perception.

    33. The plaintiffs state that alleged defamatory content about their

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    products/services has been published on YouTube, X, LinkedIn, and other
    platforms by the defendants, wherein some content appears neutral but is
    allegedly designed to target the plaintiffs indirectly. The table in para 31 of
    the plaint enlists impugned publications with details like date, source,
    platform, link, views, and tonality, showing some have thousands of views
    with negative tonality.

    34. The plaintiffs claim the defendants’ ‘reviews’ and statements aren’t
    fair criticism but contain misleading assertions meant to disparage them. The
    content exceeds permissible limits of commentary, aiming to tarnish the
    plaintiffs’ reputation and goodwill with malice. Plaintiffs allege that it is not
    a legitimate exercise of freedom of speech by the defendants, but a deliberate
    attempt to damage their commercial standing, which is also exceeding fair
    criticism limits.

    35. The plaintiffs state that they fear unknown parties (John
    Doe/defendants) may spread similar defamatory content, citing the pattern of
    coordinated online campaigns and the viral nature of content.

    36. Based on the aforesaid direction, plaintiffs seek ex-parte ad-interim
    injunction against the defendant.

    37. This Court has heard the arguments of Mr. Ashim Vaccher, learned
    senior counsel for the plaintiffs and examined the records.

    38. Before this Court adverts to the facts narrated in the Suit, it would be
    imperative to consider what constitutes disparagement. This Court in the
    judgement of San Nutrition Private Limited vs Arpit Mangal and Others
    reported in 2025 SCC OnLine Del 2701 has succinctly laid down the
    parameters as to what would constitute disparagement. The relevant
    paragraphs are extracted hereunder:-

    CS(COMM) 429/2026 Page 7 of 20

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    “A.2 Disparagment

    48. An action for disparagement falls within the tort of malicious falsehood
    and it seeks to protect the economic interest of the plaintiff, as opposed to its
    reputation in the case of defamation. Disparagement would involve making
    statements about the plaintiff’s goods or services which are untrue or
    misleading and are made to influence the public in a manner not to buy the
    said goods or avail the said services.

    49. In Dabur India v. Colortek Meghalaya, a Coordinate Bench of this
    Court observed that commercial speech will amount to disparagement if the
    following ingredients of malicious falsehood is established by the plaintiff:

    (i) The impugned statement is untrue or misleading;

    (ii) The impugned statement has been made maliciously; and

    (iii) As a result of the impugned statement, the plaintiff has suffered
    special damage.

    50. The judgment in Dabur (supra) has been upheld by the Division Bench
    and the aforesaid test laid down therein was followed by a Coordinate
    Bench of this Court in Hindustan Unilever v. Cavincare.

    51. Unlike an action for defamation, the burden of proving falsehood of the
    impugned statement made by the defendant lies on the plaintiff in an action
    for disparagement. This difference is on account of the inherent nature of
    the two actions – defamation is directed towards protecting the reputation of
    a person while disparagement is directed towards protecting the economic
    interests of a person.

    52. Since the entire cause of action in a disparagement suit is based on
    making false statements to cause damage to the plaintiff’s goods, the
    element of malice is inherently a part of it. However, a statement made
    believing it to be genuinely true would negate the claim of malice. This has
    been explained by a Division Bench of this Court in Reckitt Benckiser v.
    Gillette India
    , the relevant extracts from which are set out below:

    “50. To understand the concept better it would be necessary to see what
    malice actually means. Unless the malice is akin to dishonesty or at least
    improper motive, the same may not be actionable. For a malice in
    thought to get reflected in a representation or advertisement, and
    specially in a comparative advertising, must involve a subjective state of
    mind of the wrongdoer, having necessary mental element of ill will or an
    intention to injure. Similarly, if a person is seeking to defend his own
    lawful interest but, while doing so, he is cognizant of the fact that it
    would cause damage to the other side, he may not be accused of malice.
    The trader’s desire to promote his business at the expense of rivals is a
    proper exercise of discretion. A genuine belief in the truth of the
    statement made negates malice (Horrocks v. Lowe,
    [1975] A.C. 135).”

    CS(COMM) 429/2026 Page 8 of 20

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    39. Thus, the threshold to be met by a plaintiff to establish
    disparagement would be predicated on the plaintiff being able to show that,

    (i) the impugned statement is untrue or misleading; (ii) the impugned
    statement has been made maliciously; and (iii) as a result of the impugned
    statement, the plaintiff has suffered special damage, as laid down above. At
    the stage of consideration of an application under Order XXXIX Rules 1 and
    2 CPC, the Court would have to appreciate the controversy in the light of
    these parameters, however, only prima facie.

    40. In the present case, the plaintiffs, on the insistence of this Court have
    filed the transcripts of the video reels uploaded by defendant nos.2 and 3
    which according to them are disparaging and defamatory too.

    41. This Court has perused the transcripts and finds that though the said
    statements commence with assessments which are claimed to be justifiable
    on technically sound parameters, the transcripts do not disclose as to the
    basis upon which such conclusions have been arrived at. In that, other than
    to orally state the deficiencies regarding inherent lacunae whether it be
    performance, the Operating Software or other applications claimed to be
    possessed by the mobile phone of the plaintiffs’ in comparison to the other
    brands available in the market, the transcripts do not indicate that any
    technical examination or comparison of various mobile phone brands
    available in the market has actually been carried out or tested vis-à-vis the
    plaintiffs’ product.

    42. The transcripts of both the videos appear to display a fair criticism of
    the purported shortcomings, in the opinion of the defendant nos.2 and 3,
    however, appear to be unfairly targeting the plaintiff no.1 and more
    particularly plaintiff no.2. Though this Court is aware that the Suit is not

    CS(COMM) 429/2026 Page 9 of 20
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    predicated on any personality right of the plaintiff no.2, yet, cumulatively
    reading the transcripts qua plaintiff nos.1 and 2 harmoniously, it indeed
    gives and tends to bring disrepute to the product of the plaintiff no.1 and also
    contains disparaging statements against not only the product of the plaintiff
    no.1 but also the plaintiff no.2. While certain portions of the transcripts do
    not appear to be disparaging, however, the statements do not instill
    confidence that they are fair criticism and do indeed border on
    disparagement. The following paragraphs from the transcripts as filed need
    to be appreciated in the context of parameters to ascertain disparagement.
    The same read as under:-

    ” Youtube Channel: TechWiser (Defendant no.2)

    youtube.com/watch?si=NxFqQzNrhG6OOogN&v=kMaP_YSU9M8&featye
    =youtu.be

    Chapter 1: Introduction (0:02 – 1:19)
    0:02 – 1:19
    So whenever you hear the term Indian brand, you feel a bit proud. But so far,
    if you look at the history, mostly it has been… India’s cheapest smartphone,

    251. Freedom 251. The world’s cheapest smartphone, Freedom 251.
    Micromax aaraha hai wapas… But every time as an Indian, I have hope. Like
    someday, someday I would want to see an Indian brand compete with
    Samsung and Apple. And these days, through street interviews, podcasts, this
    one Indian company again rising to the top and solving a genuine problem

    ((Clip from the podcast of Madhav Sheth) I have always said ki koi bhi cheez
    free nahi hoti hai, kahi na kahi aapko uska cost dena padhta hai. More than
    50- 60% of the apps which are for free, vo sab aapka data lete hai aur
    unauthorized way se use bhi krte hai. Mei vo apps dalunga vo consumer ke
    benefit ki ho aur jisme bloatware na ho.)

    It targets privacy, privacy focused software and mostly the budget segment
    which is kind of dead in 2026. And honestly, on paper, it all sounds very
    promising. The intent of the company is great. So what’s the reality? Like we
    got their latest phone, AI+ Pulse 2, used it for a few days and things are Let’s
    just say worse than you can even imagine. This video is very different from a
    normal phone unboxing. We are trying to push the level on Indian Tech
    YouTube. One subscribe is equal to one prayer. Pratik, Techvisor, let’s go.

    Chapter 2: About the Brand (1:28 – 3:04)

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    1:28 – 3:04
    Now, before we get to the smartphone and claims, it’s important to understand the
    company, AI+ So AI+ is the brand led by Madhav Sheth, the former CEO of
    smartphone brand Realme India. And after leaving Realme, he started a couple of
    brands. We will come to that. But finally, he started a company called Nex
    Quantum Shift Technologies. And AI+ is the smartphone brand that comes inside.
    Now, they have claimed to build their own OS called Quantum OS which runs on
    all of their phones including this one. And before we get to that, let’s have a look
    at this smartphone. So, here’s the box and here on the back, you can clearly see it
    says, “Made in India”. The manufacturer details also show an Indian company. So
    basically, AI+ has partnered with Optimus Technologies. These people assemble
    phones in India for AI+ as well as other manufacturers. Fair enough, that’s what
    happens. Inside the box, you get everything. Now, before we get to the worst part,
    credit where due, there are a couple of good things about the brand as well. Like,
    number one foremost, this is a good phone for the price of Rs. 8,000. Like, if you
    look at the design, the design looks really good for an Rs. 8,000 phone. Of course,
    you get that polycarbonate back, there’s a polycarbonate frame. For performance,
    they’re using a Unisoc processor which performs very similar to Snapdragon 4S
    Gen 2. Usually, no other phones at Rs. 8,000 provide this. Now, what’s interesting
    here is the battery. It’s a big 6,000 mAh battery. Now, budget phones usually
    consume lesser battery, so you get phenomenal battery. The only thing is the
    charger in the box is 10 watt, actually the phone supports 18 watt. Another good
    thing is service center support. So we checked on the internet and AI+ has 300+
    service center in India. Their service is not just limited to tier 1 cities, it is also
    available in smaller cities. So they have a good service network presence as well
    as the phone is good for the price. But then why this whole video? Like why this
    whole marketing gimmick?

    Chapter 3: Problems (3:11 – 6:03)
    3:11 – 6:03

    Well, the moment you use the phone, you listen to the company’s claims,
    here’s where things start getting really, really shitty. We found four major
    problems here. Number one, bloatware. Like, listen to what the founder has
    to say about bloatware.

    ((Clip from the podcast of Madhav Sheth) itna light rakha hua hai ki
    bloatware free hai and yes, at the same point of time, mei ye ensure karta hu
    ki unka experience behtar hi hota rahe)
    So in the app drawer, if you see, software seems clean but now if you go to
    settings, it has a total of 6 bloatwares and if you’re going, “Huh?” If I open
    this game space app, the bloatwares are kept here, it’s hidden under the plain
    side.

    Now companies usually put bloatware in the phone because it helps them
    subsidize the cost, so it’s a budget phone, let’s leave bloatware point aside,
    it’s a small thing. The second problem here is weird and something AI+
    strongly believes in. Data sharing. So when you’re using the phone, data is
    being shared to services for ads, better processing. It can be shared with
    Google, with maybe Facebook, Instagram. This is something we know. Now,

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    as per the founder, the most relevant point at this point of time is about the
    data. ((Clip from the podcast of Madhav Sheth) Right now, having 80%
    Chinese smartphone brands, having no data bill right now, data protection
    bill for the consumers. We don’t know how our consumers data has been
    shared because we have a fingerprint sensors, facial expressions, everything
    been stored on the phone. Having the data sovereignty back in India,
    controlling that particular thing is going to be the key, most important thing
    which will build the trust on the brand over a period of time.) So for this
    particular phone, the data is stored on Google servers which are in India.
    This sounds really good on paper. Now we can’t verify this claim. We lack the
    expertise here. But here’s where things get really, really interesting. Last
    year, Gyantherapy made a video about the Pulse 1 phone and in that he found
    three pre-installed apps which were from China. Now for sure, Chinese apps
    are not storing data on Google servers in India. But in 2006, the problem is
    kind of bad. After an update, they removed two apps except this phone cloner.
    Now with this only app, If I see the privacy policy of the app, the app is made
    by Shanghai’s ProCom Technologies. The company is from China and it’s an
    ODM. In simple words, it makes smartphones for multiple companies, then
    the companies put their own logos and sell them. Now we further check the
    terms and conditions of this app. It says that it will collect some data like
    your name, profile picture, phone number, etc. Now I think you are smart
    enough to know where will this data be saved, like in India or in China. And
    the story gets even worse. If you go to the phone’s app drawer, you will only
    see enabled apps here. You don’t see apps that are hidden or disabled. So we
    went ahead, connected the phone through the laptop, went to ADB and here if
    you see, the two other Chinese apps from last year which don’t show up on
    the phone, now they actually show up on ADB. And if I run a simple
    command, Hello, here’s the app on the phone. Again, these apps are made by
    a Chinese company which again has a really shady privacy policy. Now, the
    app was either just disabled or hidden from the user. But why not just remove
    it from the phone? Like, it took us 5 minutes and 2 commands to figure out the
    Chinese apps from last year still exist on the phone.

    Chapter 4: Data Privacy (6:13 – 8:08)
    6:13 – 8:08

    Chalo, now let’s leave bloatware, data sharing, everything aside. The third
    weird thing here is what actually the company stands for? Privacy. Now, this
    is what the founder has to say.

    ((Clip from the podcast of Madhav Sheth) We have made a data privacy
    dashboard on our phones. We show the probably which apps is taking what
    type of data.

    So this is the next privacy dashboard, it lets you see which app is using what
    kind of data such as mic, location, camera etc. and the permissions can be
    turned off directly from the widget itself. Like we gave the microphone
    permission to ChatGPT and asked the question using the mic, so ChatGPT

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    did access the microphone. But when we checked the widget, on the next
    privacy dashboard it was not showing up. After we refreshed it a couple of
    times, then it shows ChatGPT but again with Instagram icon. Chalo, this
    again can be fixed via a software update. It’s a small bug, let’s leave it aside.
    But this dashboard doesn’t show Google Apps. So now I’ll open Google Maps
    and browse a little bit and go to the privacy dashboard. See, shows nothing.
    I’ll use Gboard’s mic, speak to it, Again, it doesn’t show up on the privacy
    dashboard. But if I go to Android’s built-in privacy dashboard, it shows that
    Maps, Gboard has accessed the location and mic. Google is not hiding it.
    Why do you have to hide it? See, my point is, privacy is either 0 or 100. If an
    app uses my location, whether it be Instagram or Google, just show it. What
    is this 50/50 privacy? Like privacy from third party apps but not Google. But
    even let us put that aside, the fourth weird thing here is another claim. This
    phone runs on Nex Quantum OS and as per them, it’s a sovereign mobile
    operating system. But in settings, if you see, this is running on Android 16.
    Then if you see the settings page or the quick settings panel, the design is
    heavily inspired by Realme UI. So even that is fine, taking inspiration is not
    bad. But you know what’s really bad here? If you go to the privacy policy
    website, they clearly clearly mentioned that user data can be shared with
    affiliates, partners and even lending partners for services like loans,
    insurance etc. This sounds so contradictory, I mean the whole company is
    about India ka data, privacy and data sharing. Like the founder is going to
    multiple podcasts saying that Chinese smartphone brands have our sensitive
    data and you don’t know where the data is going. What’s happening over
    here? Funny thing, the name is AI+ but it doesn’t have any AI features. Not
    even Circle do such.

    Chapter 5: The Founder (8:15 – 10:14)
    8:15 – 10:14

    And now I can just go on and on and on. I’ve at least watched 4 to 5 podcasts
    about this phone. I can go on and keep finding problems. But the biggest
    reason to not trust this phone or trust this entire company the founder. You
    see his LinkedIn profile, he is the founder of not one but three smartphone
    companies. After leaving Realme, he brought the licensing right for Honor
    smartphones and started EdgeTech or HonorTech. They launched some
    phones and after some time there were rumors claiming that they are winding
    up operations in India, then he dismissed the rumors where to it. But if you
    notice, after the launch of the last phone, Honor 200 and 200 Pro, the
    company hasn’t launched anything after 2024. They sold the phones at heavy
    discounts and when people bought the phone, they had massive service issues.
    Spare parts weren’t available, we made videos, multiple people made videos
    claiming the company is shutting down but EdgeTech kept on denying it,
    denying it and now they have went completely silent. Then again, the founder
    joined a company called Nexel India as founder/tech advisor. By the way,
    Nexel India is a company that holds the right for Alcatel mobiles in India.
    And again, after launching 2-3 models at the same time in 2025 silence,
    There are again no more launches. See the pattern and then in 2025 he

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    started his own company called Next Quantum Technologies and within this
    he started another company for smartphone called AI+. If you see all of this,
    it’s really hard to trust whether this brand will exist for the next 2-3 years and
    people put their hardened money in the phone. If you buy a phone from AI+
    or the other brands and later if they shut down, who suffers? And it’s a typical
    pattern by Indian tech founders, they only remember India when they want to
    sell something. And when it’s sold, they just disappear. No India, no founder,
    no company. See, the phone is good for the price, but it’s very badly
    marketed. Stay away. There are some other good phones from Poco and
    Realme. In fact, even Lava. I think Lava is one brand that is Indian. Makes
    less noise and works on user feedback. I’ll try to link phones from them
    below, just below the subscribe button. Share this video with your friends and
    family members and make them aware of this. In fact, download the video
    while it lasts on YouTube. These days, don’t know what happens. Court cases.
    On that note, this is me signing off. See you in the next video.

    Youtube Channel: TechBar (Defendant no.3)

    https://www.youtube.com/watch?si=QDGQuT-

    dJKe0Srad&v=PU_pUpqnzF4&feature=youtu.be

    Chapter 1: The “Fake Indian Brand” Pattern

    Hi guys aaj mujhe lagta hai ki yaar ek pattern na mujhe aap log ke saamne
    rakh dena chahiye jisse aap log bahut smart ban jao [0:07] main simply ek
    baat bolunga har thode thode time baad aap dekhoge suddenly ek brand aata
    hai aur woh apne aapko Indian brand bolta hai aur koshish karta hai ki like
    is Indian brand ke tag ke saath thoda special ban jayega. [0:15] Aur ye jo
    pattern hai aapko clearly apne aankhon ke saamne dikhega, [0:23] main baat
    kar raha hoon Ai+ ke baare mein,

    Chapter 2: The Truth About Madhav Sheth’s Ai+ Brand

    [0:30] last year jo hai Madhav Sheth ne Ai+ brand launch kara, ab crazy
    baat suno, is Ai+ ki poori philosophy pata kya thi, ki jitne bhi Chinese brand
    hai, wo saare hum Indians ka data le lete hain, [0:38] aur hum Ai+ Indian
    brand hai, jitna bhi Indians ka data hai, hum apne paas hi rakhenge, [0:45]
    China tak nahi jayega wo, sunne mein kitna convincing hai, like trust ho raha
    hai na, sab kuch acche se na explain karta hua chalunga, pehle main aapki
    memory refresh karta hoon, Madhav Sheth aap mein se bahut logon ko yaad
    hoga, [0:54] Realme brand yahi lekar aaye the, phir Madhav Sheth ne jo hai
    Realme chhod diya, aur phir yeh Honor wapas se India mein lekar aaye,
    [1:02] aur phir iske baad Alcatel brand se bhi inaka naam jud gaya tha bhai,
    aur simple sa fact hai, yeh teeno Chinese company thi, to ab aapke paas ek
    proper background hai,

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    Chapter 3: Hidden Chinese Apps & Flipkart Controversies

    [1:10] ab wapas se Ai+ ki baat karte hain jab is Ai+ brand ne pehla phone
    launch kara na wahin se controversy start ho gayi thi jab inhone bahut sasta
    pehla phone launch kara to [1:17] Flipkart ke page pe na clearly mentioned
    tha ki Chinese manufacturer hai but kuch time baad bahuti like samajhdari se
    usko utha diya ab kyunki is brand ki puri philosophy yahi thi ki saara Indians
    ka data India mein rahega [1:25] but hua kya jab ye phone launch hua, logon
    ne poora setup kiya, to is phone mein kuch Chinese apps pehle se installed
    nikli, to logon ne is cheez ko bhi point out kiya, [1:34] but phir kuch time
    baad ye saari controversies dab gayi, thoda sa like maamla shaant ho gaya,
    phir suddenly 6 mahine baad is brand ki taraf se ek interview aata hai, [1:42]
    aur unka kehna hai ki inhone 1 million phone sell kar diye, [1:49] guys 10
    lakh phone sell karna na bahut badi baat hoti hai, [1:56] lekin recently ye
    Ai+ brand phir se jo hai bahut controversies mein aa gaya hai aur is baar
    maamla bahut serious hai guys kyunki kuch cheezein saamne aayi hai jisse ki
    maine aapko bataya tha na pehle se is phone mein Chinese app install aati thi
    phir unhone silently wo un apps ko remove kar diya [2:04] but ab pata chala
    hai wo apps kabhi hati nahi thi wo secretly like chupa di gayi thi phone ke
    software ke andar [2:13] aur yahi problem hai guys, ab kyunki Ai+ brand
    banke affordable aaye tha, ki like saara data jo hai India mein rahega, [2:21]
    multiple time Madhav Sheth ne jo apne interview mein bola ki like bahut badi
    problem hai ye, ki China data chala jaata hai, hum aisa nahi karenge, [2:30]
    ab inke phones mein aise apps wagera dikhari hai, ye problematic hai.

    Chapter 4: Ai+ Nova Flip Exposed (Nubia Flip 2 Copy!)

    [2:38] aur jitna hum is Ai+ brand ke products ko samajhne koshish karte
    hain, especially inaka design, to pata lagta hai ki bahut saari Chinese
    companies se alag alag uthaya hua design hai, main aapko example deta
    hoon na, [2:46] abhi inaka sabse sasta flip phone aaya hai, aur phone ka
    naam hai Noah Flip, aur log is phone ke baare mein baat kar rahe hain,
    kyunki sirf 30,000 rupaye ka flip phone hai, isko sabse affordable bolke
    bechega hai brand basically, but problem pata hai kya hai, [2:55] yeh
    original phone hai nahi bhai ek Chinese company hai bahut famous hai
    Nubia ke naam se aur ek phone hai Nubia Flip 2 exactly same phone hai jo ki
    yeh Ai+ Indian bolkar apna phone bolkar bech raha hai [3:03] aur itni funny
    baat hai Ai+ wala phone aur jo Nubia company ka phone hai exactly same
    hai battery same hai processor same hai camera same hai almost same hi
    laga lo aap [3:12] aur agar aapko lag raha hai ki like ye flip phone ke
    example dhundhne mein mujhe mehnat lagi hogi [3:20] aisa nahi hai inke
    baaki saare products dekhoge aapko jo hai Chinese copy mil jayegi ek kaam
    karte hain main aapko live example dikhata hoon dekho maine Ai+ ki website
    par hoon abhi aur maine jo hai inke ye buds khole hue hai [3:28] main kuch
    nahi karunga main yahan par tab karta hoon aur Circle to Search on ho gaya
    hai main bas isko aise kar deta hoon [3:37] aapko khud samajh mein aa
    jayega bhai Huawei ki taraf se yaar ye exactly same hai yaar mujhe kya kisi
    ko bhi samajh mein nahi aa raha ki ek jagah pe launch event pe Ai+ wale

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    kehte hain ki hum to Indian hain hum pe poora trust karo [3:46] ye tak bol
    dete hain ki bhai ek reason tha ki humne isko aisa design diya hai product ko
    aur design jo hai doosri company ka poora cockpit nikalta hai ya phir main
    boloon doosri company ka hi hai yaar wo [3:53] we built something different
    design intentionally Noe Point stand out with alt tracking at the core [4:01]
    aur baad yahan par khatam nahi hoti aur interesting cheez batata hoon
    [4:08] inaka ek aur product hai AI wear buds ke naam se is product ko
    launch karte samay stage par

    Chapter 5: Ai+ Wearbuds: “Designed in India” or Copied?

    [4:17] yeh tak keh diya tha ki yeh to design in India is the design vishwa
    vishwa design in India patented in India and we are proud to showcase that is
    product which was architecture and intelligence at its core [4:25] aur koi bhi
    banda agar thodi si bhi research karega na usko pata lag jayega ki yeh
    product bhi jo hai ek [4:34] doosri Chinese company ka hai jiska naam hai
    AI Power pata nahi kya chal raha hai yaar AI Plus AI Power [4:41] par
    aapne dhyan diya in dono company ki logo tak similar hai aur jab wear buds
    launch hue the na to yeh jo doosri company hai na AI Power inhone jo hai
    reel tak daal rakhi collaboration mein Madhav Sheth wale brand ke saath jo
    ki Ai+ hai [4:51] ab maine aapko pehle bhi explain kiya hua hai ki white
    label kya hota hai, China se kaise samaan mangaate hain, aur kyun Chinese
    product aise exist karte hain, [4:59] mujhe in sab cheezon se problem nahi
    hai, aap bina China ke is world mein exist nahi kar sakte hain,

    Chapter 6: How ODMs Actually Work (Lava vs. Apple)

    [5:06] aur iska best example hai Lava, bahut acchi company hai, aur sach
    mein ye log accha kaam karte hain, aur baar baar aise India ka naam use
    karke nahi koshish karte product sell karne ki, [5:15] par at the same time ye
    bhi sach hai ki Lava ka bhi Chinese companies ke saath connection hota hai
    dekho ek term hoti hai ODM, ODM ki full form hoti hai Original Design
    Manufacturer [5:24] aur ye bahut normal practice hai ODM exist karte hai
    aur ye hi hote hai jo phone produce karte hai [5:31] aur sunke ajeeb lagega
    Apple bhi ODM use karta hai aur Lava bhi bas fark hi hai ki Apple ODM ko
    jo hai poora define karta hai ki humein kya camera chahiye, kya processor
    chahiye sab kuch batata hai [5:39] jabki Lava kya karta hai na ODM ki help
    leta hai poore phone ko design karne mein har ek cheez ko like poora ek
    jagah par place karne mein main aapko ne consignment order dikhata hoon
    [5:47] ye na Lava ki taraf se hai jahan par inhone Hong Kong 9 ki company
    se apne US star 2 phone ke samples import kare the [5:55] aur yahi reason
    hai guys kyunki ye saare phones jo hai same ODM se ban kar aate hai to
    isliye charging animation ya phir UI ke kuch elements same dikh jaate hai
    bahut saare phones mein

    Chapter 7: Stolen Marketing & Realme UI Similarities

    [6:02] aur shayad aapne notice na kara ho, yeh jo Madhav Sheth ka brand

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    hai, Ai+, inke phones ki jo UI yeh bahut similar hai Realme phones se, [6:11]
    aur ab main aapko sabse important baat batane wala hoon, jo aapko pata
    honi chahiye, in saare brands mein ek hi fark aata hai, ki aap apne aapko
    kaise market kar rahe ho, logon ko aap apne baare mein kitna sach bata rahe
    ho, [6:19] aap khud socho na aap kabhi bhi koi phone launch karoge to kya
    aap marketing material ki kya post daalni hai kya photo daalni hai wo kisi
    aur brand ka copy karoge [6:27] aap khud dekho na ye Ai+ brand jo hai
    Vivo aur Realme ka na exactly sab kuch copy kar leta hai aur post kar deta
    hai internet par [6:35] dekho kaise marketing karni hai, kya likhna hai yaar,
    is pe to mehnat karni chahiye. [6:42] aur is poori situation mein mere liye
    sabse sad moment pata hai kya tha.

    Chapter 8: False PR Allegations Against Lava

    [6:51] Ai+ brand ka kehna hai ki Lava, jo khud ek Indian brand hai, wo is
    Ai+ brand ko kharab karna chahta hai. [7:00] basically Madhav Sheth ne
    tweet kara tha aur bola hai ki yaar Lava jo hai na hamare khilaf negative PR
    kara raha hai. ab dekho Ai+ ke saare products bahut real hote aur apne
    kaam ki taraf bahut hi zyada honest dikhte [7:07] to is baat pe trust kar lete
    kaafi log ki haan bhai Lava kara raha hoga PR jo ki aisa hota nahi hai but
    phir bhi kar lete log trust. [7:15] but hum sabko pata hai aisa kuch bhi nahi
    hai

    Chapter 9: Conclusion: Stop Misusing Patriotism in Tech

    [7:24] main to bahut simple si baat bolunga kitne saalon se hum Micromax
    ka example le rahe hain ki bhai aise desh bhakti ka misuse mat karo itna trust
    mat kharab karo honesty ke saath product banao to obviously wo chalega
    [7:31] 2020 se leke 2026 aa gaya hai 6 saal mein baar baar ye cheezein
    repeat hoti hai ki suddenly koi brand aata hai phir wo jo hai apne aapko
    Indian bolta hai [7:38] phir wo Chinese nikalta hai phir wo product banana
    band kar dete hain [7:48] I think ye pattern break ho jaana chahiye ab to
    sabko samajh mein aane lagi hai saari cheezein aur video ke beech mein jo
    maine baat boli thi na ki bhai bina China ke koi bhi company exist nahi kar
    sakti [7:56] iske peeche reason jo hai maine is wali video mein bataya hai is
    video mein maine ye tak explain kiya hai ki India mein poora phone kyun
    nahi ban sakta [8:05] wo video zaroor dekhna uske baad is saari video aapko
    clear ho jayegi”

    43. At this prima facie stage, this Court has to only consider as to
    whether the statements contained in the transcripts are disparaging to the
    extent that any consumer who views the said video and takes the statements
    to be correct, would eventually be discouraged from considering purchase of
    the products manufactured by the plaintiff. The Court has to contextually
    appreciate as to whether such statements would affect the credibility of the

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    plaintiff’s product which would result in financial losses.

    44. The excerpts extracted hereinabove are only representative and when
    read together with the remaining portions clearly indicate that the statements
    tend to disparage the product of the plaintiffs’. As observed above, no data
    or any real technical examination or evaluation by any credible agency has
    been mentioned. The product evaluation also appears to be on the basis of
    the alleged background of plaintiff no.2. How such analysis or connection
    between plaintiff no.1 and plaintiff no.2’s background in the context of the
    product AI+ etc are arrived at, appears to not have any actual or real data.
    The transcripts appear to suggest that the consumers ought not to invest their
    money into purchasing the products of the plaintiff, predicated on the
    analysis done by the defendant nos.2 and 3. This untested and unverified
    analysis has the potential of causing financial loss to the plaintiffs. The
    essential elements required for the Court to prima facie find disparagement
    appear to be fulfilled. In such circumstances, this Court is of the prima facie
    opinion that the videos uploaded by defendant nos. 2 and 3 would be
    disparaging, which needs to be injuncted.

    45. Having regard to the aforesaid analysis, the plaintiffs have been able
    to prima facie establish a strong case in their favour as against the
    defendants. The balance of convenience is tilted in favour of the plaintiffs.
    Plaintiffs shall suffer irreparable loss and injury which may not be
    compensated adequately in monetary terms in case ex-parte ad-interim
    injunction orders are not passed.

    46. In view of the above, defendant no.1/John Doe(s), defendant no.2
    and defendant no.3 are restrained from spreading any information amounting
    to disparagement relating to plaintiff nos.1 and 2 on YouTube or any other
    social media and/or digital platforms, and/or from further sharing or

    CS(COMM) 429/2026 Page 18 of 20
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    publishing any information amounting to disparagement relating to plaintiff
    nos.1 and 2 on YouTube or any other social media and/or digital platforms.

    47. Issue notice.

    48. Let a reply to this application be filed by the defendant within four
    weeks from service. Rejoinder, thereto, if any, be filed within two weeks
    thereafter.

    49. Compliance of Order XXXIX Rule 3 of CPC shall be done within
    ten days from date.

    CS(COMM) 429/2026

    50. In the above circumstances, let the plaint be registered as a suit.

    51. Upon filing of the process fee, issue summons of the suit to the
    defendants through all permissible modes.

    52. The summons shall state that the Written Statement shall be filed by
    the defendants within 30 days from the date of the receipt of summons.
    Alongwith the Written Statement, the defendants shall also file an affidavit
    of Admission/Denial of the documents of the plaintiffs, without which the
    Written Statement shall not be taken on record.

    53. Liberty is granted to the plaintiffs to file Replication, if any, within
    30 days from the receipt of the Written Statement. Along with the
    Replication filed by the plaintiff, an affidavit of Admission/Denial of the
    documents of defendant be filed by the plaintiffs, without which the
    Replication shall not be taken on record.

    54. In case any party is placing reliance on a document, which is not in
    their power and possession, its details and source shall be mentioned in the
    list of reliance, which shall also be filed with the pleadings.

    CS(COMM) 429/2026 Page 19 of 20

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    55. If any of the parties wish to seek inspection of any documents, the
    same shall be sought and given within the prescribed timelines.

    56. List before the Joint Registrar on 03.08.2026.

    57. List before Court on 05.10.2026.

    TUSHAR RAO GEDELA, J
    APRIL 28, 2026
    rl/Sumit

    CS(COMM) 429/2026 Page 20 of 20
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