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Termination of domain registrar MITSU INC by Nixi

Located in Domain Registrar Reviews, started by dnk, Oct 30, 2017

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  1. crunchyg

    crunchyg Established Member

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    Not going to discuss litigation strategy, but they service U.S. customers who can sue them in a forum that's convenient for them, as long as it has jurisdiction (which it does).
     
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  2. dnk

    dnk Established Member ★★★★★★★★★★

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    Has anyone filed a case against NIXI outside india till date
     
  3. dnk

    dnk Established Member ★★★★★★★★★★

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    Any updates on this case
     
  4. chandubaba

    chandubaba New Member

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    Very bad news for .IN domain. I received this message for my main domain...

    Dear .IN Domain Name Registrant (under Mitsu Inc.)

    This is to inform you that in view of the directions passed by the Hon’ble Bombay High Court vide order dated November 7, 2017, in the matter Sanjeev Ramniwas Goyal v National Internet Exchange of India & Ors. [Writ Petition (L) No. 3000 of 2017], directing National Internet Exchange of India (NIXI) not to take further action/steps in pursuance to the impugned order of termination, henceforth NIXI shall not be able to process any transfer request of your .IN domain name presently under “NIXI Holding Account” , till further directions from the Hon’ble Court.
     
  5. Kenny

    Kenny Top Contributor VIP Gold Account ★★★★★★★★★★

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    Hello chandubaba,

    Welcome to NamePros.

    Thank you for the info.
    Can anyone give a Readers Digest (condensed) version on what the end result of (all) these changes will have on dot IN domaining?

    Peace,
    Kenny
     
  6. crunchyg

    crunchyg Established Member

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    There is no end result. @chandubaba simply stated that NIXI refused to transfer his domains out blaming it on the court decision.

    NIXI is actually full of shit, because the court decision prohibits NIXI from terminating Mitsu.in's registrar accreditation but does not prohibit transferring domains out. In fact, NIXI is supposed to return all domains to Mitsu.in pending a further court decision, but of course they refuse to do so for their own corrupt reasons.
     
    Last edited: Feb 15, 2018
  7. anantj

    anantj Top Contributor VIP

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    No. The court decision essentially states that the matter of Mitsu's accreditation must be resolved via arbitration. This decision was in response to the lawsuit filed by Mitsu's owners. There is no challenge to the domain names being held in the holding account operated by Nixi.

    Can you cite this decision or are you, in your own words, full of shit?

    @Kenny To summarize this issue for you, Nixi (the .in registry) canceled the accreditation of 2 out of 5 (iirc) of Mitsu's registrars. The reason for the termination weren't explicitly stated but the validity of the same is is what is in question. Simultaneously with the termination, Nixi also moved all domains registered by the terminated registrars into a special holding account operated by Nixi. This also essentially blocked all registrants from being able to modify their domain settings and prevented renewals, transfers or deletions of the domains. The domains also will not expire while the issue runs its course.

    Mitsu's owners sued Nixi in a court of law to halt this termination. On reviewing the lawsuit and filings by both the parties, the court vacated the lawsuit as per the operating agreement between Nixi and the registrars. The agreement contains a binding clause on arbitration to resolve all disputes between the registrar and the registry. This arbitration is, presumably, in progress. In the meantime, the domains are locked in the holding account.

    I don't see where Nixi is in the wrong or where they were forced to return all domains to the registrar. I'm also not commenting on the validity of the termination as the reason for the same are unknown to the general public.

    Disclaimer: This is my understanding of the case and ianal so some legal consideration might not be fully accurate. Please speak to a lawyer or if you have reach within Nixi, get first had information from them.
     
  8. crunchyg

    crunchyg Established Member

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    Wow. How does that contradict anything I said? The termination of Mitsu.in's accreditation is stopped by the court, pending further action, and whether that action is arbitration or not is irrelevant to this discussion. NIXI's explanation to registrants is that NIXI is prevented by the court's decision from transferring domains out. That explanation is deceitful and wrong. The court's decision does not require NIXI to keep the domains that it has effectively seized in a holding account, nor does it prevent NIXI from returning the domains to Mitsu.in pending arbitration, so that registrants can do whatever they please to do with their domains while the parties resolve their issues through arbitration or other means.

    Unless you are privy to the original agreement between NIXI and MItsu.in, you have no idea what the parties are required or not required to do under the agreement. Go take your insults elsewhere.[/QUOTE]
     
  9. anantj

    anantj Top Contributor VIP

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    No. The termination has not be suspended. The termination is essentialy in status quo until the matter is resolved one way or the other. This exactly means that Nixi is not required to return the domains back to Mitsu.
    The court order also does not require the opposite, i.e., returning the domain to Mitsu.

    Actually, this agreement is available to the public on Nixi's website. Please go and review the following sections in this doc - https://registry.in/system/files/IN_Registrar_Accreditation_Agreement_1.pdf

    Sections 9.2 & 9.9

    Section 9.9 clearly lays out both the jurisdiction and the mandatory arbitration for disputes.
    Further, please review the court order here - http://delhihighcourt.nic.in/dhcqrydisp_o.asp?pn=8295&yr=2018
    (It appears the case was moved to the Delhi high court basis the jurisdiction of disputes as laid out in the agreement linked above. I don't have the time right now to locate that decision).
    On a complete reading of the decision by Honbl Delhi High Court, there is no mention or requirement in the order of Nixi having to return the domains back to Mitsu. On the contrary ( and reading between the following lines):

    it appears that the Honbl. High court has no judgement or comment on the actual termination itself. Which means the termination is NOT on stay or canceled.

    Also, it's funny that you can insult others (see quote below) and when your own words are quoted back at you, you feel insulted :D


    So you see, I do my homework and don't talk out of thin air

    Standard Disclaimer: IANAL so please consult a lawyer for legal advise or interpretation.
     
  10. Super Software

    Super Software Established Member

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    Funny how people "get personal" use foul lingo, yet the moderator watches along in a "professional" forum...mud slinging is going to help no one or their cause.

    If IN domain owners are "hurting" for having domains with an errant Registrar then they need to implead themselves into this process below and request relief -

    https://www.namepros.com/threads/mitsu-accreditation-termination-arbitration-updates.1060837/

    Else wait for law to take its due course...slow and painful as it maybe.

    The root cause of the delay in my view since Dec the errant Registrar against whom a mountain of evidence of failure to meet contractual obligations exist per court records (secured from Bombay HC) has done nothing to participate yet in the arbitration proceedings..based on public info, instead he spreads rumours via his gremlins in forums :ROFL:
     
  11. crunchyg

    crunchyg Established Member

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    My statement was not an insult. It was my opinion of NIXI and the way they are handling the matter. You are entitled to your opinion, but to me it is absolutely clear that NIXI is not acting in good faith, based on my company's communications with them and on the fact that they refuse to allow registrants to conduct regular business on the domains (which includes renewals and transfers).

    Your statement, however was an insult directed at me, so there's the difference. Unless, of course, you work for NIXI or were sent here by them to defend their case.

    And once again, there is nothing in the court's decision that is precluding NIXI from allowing registrants to transfer domains out to a third-party, yet they are hiding behind that decision as the reason for the domains being kept hostage.
     
    Last edited: Feb 15, 2018
  12. Kenny

    Kenny Top Contributor VIP Gold Account ★★★★★★★★★★

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    @anantj and @crunchy,

    Thank you both for your answers, however, if there is going to be unconstructive / antagonistic conversation between the two of you we ask that you take it to DM so as not to deplete the flow of the thread with deletions.

    Thank you for your cooperation.

    Peace,
    Kenny
     
  13. dnk

    dnk Established Member ★★★★★★★★★★

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    Yes, NIXI has locked the domains, without a valid reason and registrants cannot transfer the domain out
     
  14. rodash

    rodash Established Member ★★★★★★★★★★

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    All this legal banter aside, what I would like to know is if I continue to renew my domains with Mitsu do the renewals stick? Are the renewal dates updating in the Who's WWho?
     
  15. crunchyg

    crunchyg Established Member

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    @rodash No, Mitsu has no control over the domains, which means you can't renew them. The domains are in NIXI's holding account.
     
  16. dnk

    dnk Established Member ★★★★★★★★★★

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    Domain investors should contact NIXI on phone and ask them to resolve the matter at the earliest, they should also visit the local NIC office
     
  17. rodash

    rodash Established Member ★★★★★★★★★★

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    I've looked further into this, given that I recently paid renewal fees on a stack of domains. The .IN Registry (NIXI) Whois is showing December 2018 expiry dates for ALL domains I renewed, and it is also showing Business Solutions (R54-AFIN) - alias Mitsu Inc - as the sponsoring registrar, which would suggest to me that NIXI is allowing Mitsu.in to accept renewals and that these renewals are being accepted into the .IN Registry system.

    Are other Mitsu.in domain name holders renewing their domains?
     
  18. Super Software

    Super Software Established Member

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  19. anantj

    anantj Top Contributor VIP

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    Mitsu has 4 (or maybe 5) registrar accreditations. Not all accreditations have been suspended. So domains registered with the registrars who are still accredited don't have any issues when managing them
     
  20. Super Software

    Super Software Established Member

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    Just a matter of time IMHO before all related Registrar accounts are terminated, given it's a one person operation i.e. the same errant individual, among other reasons.
     
  21. dnk

    dnk Established Member ★★★★★★★★★★

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    Are all these in the same mitsu account. How did you make the payment, using credit card or other options
     
  22. anantj

    anantj Top Contributor VIP

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  23. rodash

    rodash Established Member ★★★★★★★★★★

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    All domains in the same account. Paid by credit card.
     
  24. rodash

    rodash Established Member ★★★★★★★★★★

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    Yes, point taken, but I will ask the question again, why are the renewals showing in the .IN REgistry if Mitsu isn't allowed to accept renewals? The registry is obviously updating its database and Whois facility to reflect renewals orchestrated by Mitsu.

    This whole thing is a mess. My concern is that can you afford not to renew the domains, given that once a domain lapses it is no longer in your possession. It's all very well for NIXI to say don't renew them, but given the chaos and uncertainty it allows to go on how can you trust them to safeguard your domain? Given the lax rules and practices, what's to say that 6 months down the track they won't say, "Sorry, your domain has lapsed and is now back in the registry for resale?

    Another point, NIXI says to domain owners not to renew with Mitsu, but given that it knows Mitsu is actively soliciting renewals why doesn't it take direct action against MITSU and its owners? If Mitsu is truly deregistered, then isn't it an act of fraud to solicit and accept renewals? You can't tell me that the domain regulatory authority in India can't get an order through the court to stop a company doing something it's not authorised to do. I think there is more to this than meets the eye. In the meantime, my domains are all up to date in the .IN Registry, and to me that is the most important thing.
     
  25. anantj

    anantj Top Contributor VIP

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    Mitsu (In the sense of the umbrella name used) actually has 4-5 registrars. Let us, for discussions sake, name them as reg1, reg2, reg3, reg4, reg5. All these registrars are owned by Mitsu. They also allow you to manage domains either any (and all) of these 5 registrars through the same Mitsu account.

    Now, the NIXI accreditation of reg1 and reg2 has been terminated. Reg3-reg5 are still accreditated. Depending on which of the registrars your domain is registered with, you may be able to renew some of the domains and not be able to renew others. The simplest and easiest way to determine this would be to look at live whois of the domain to figure out where the domain is currently located. If it says Nixi holding account, then they were registered with the now terminated registrars. If they say Mitsu (or a variant of that), then they are registered with reg3-5 and can be managed as usal.

    Hopefully this longish post clarifies the matter. Spending too much time on explaining the same scenario/situation again and again. Please do your due diligence and do not construe the above as legal or business advice
     

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