Delhi High Court - Orders
Emperor Emmanuel Church & Ors vs Google Llc - India Liason Office & Ors on 31 May, 2024
Author: Prathiba M. Singh
Bench: Prathiba M. Singh
$~14
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CS(OS) 480/2024 and I.A. 31381/2024, I.A. 31382/2024, I.A.
31383/2024
EMPEROR EMMANUEL CHURCH & ORS. ..... Plaintiffs
Through: Mr. Kirti Uppal & Mr. Anil Airi,
Senior Advocates with Mr. Manit
Moorjani, Mr. Mudit Ruhella, Mr.
Aditya Raj & Mr. Tushar Sharma,
Advocates. (M: 9811143754)
versus
GOOGLE LLC - INDIA LIASON OFFICE & ORS...... Defendants
Through: None.
CORAM:
JUSTICE PRATHIBA M. SINGH
ORDER
% 31.05.2024
1. This hearing has been done through hybrid mode.
I.A. 31382/2024 (for exemption)
2. This is an application seeking exemption from filing certified/cleared/typed or translated copies of documents, left side margins, electronic documents, etc. Original documents shall be produced/filed at the time of Admission/Denial, if sought, strictly as per the provisions of the Delhi High Court (Original Side) Rules, 2018.
3. Exemption is allowed, subject to all just exceptions.
4. Accordingly, the application is disposed of.
I.A.31383/2024 (for permission to place pen drive)
5. This is an application on behalf of the Plaintiffs seeking permission to place on record compact disks/pendrive featuring the videos containing This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 03/06/2024 at 23:48:08 defamatory content against the Plaintiffs that have allegedly been published and circulated by the Defendants on various online platforms.
6. Let the pen-drive, CDs etc. be placed on record in terms of the Delhi High Court (Original Side) Rules, 2018. The files from the same be scanned along with the electronic record of the Court. Application is disposed of. CS(OS) 480/2024 & I.A.31381/2024 (for stay)
7. Let the plaint be registered as a suit.
8. The present suit has been filed on behalf of the Plaintiffs- Emperor Emmanuel Church, based in Thrissur, Kerala, with a national office in Delhi, along with its two trustees, Ms. Nishamol Sebastian @ Nisha Sebastian and Dr. Joseph Willie. The Plaintiffs vide the present suit are inter alia seeking an injunction against various publications, which according to the Plaintiffs, are publishing false, disparaging, derogatory and defamatory material against the Plaintiffs.
9. The application being I.A. 31381/2024 is filed on behalf of the Plaintiffs seeking a direction of temporary injunction against the Defendants to restrain them from publishing any defamatory material against the Plaintiffs as also to direct the Defendants to remove the content as provided in Document P-12 of the plaint.
10. The case of the Plaintiffs is that some discontent towards the Plaintiffs has been created by the Ex-trustees of the Plaintiff No. 1 i.e. Defendant Nos. 68 to 73 herein, as also their supporters, which has led to a false campaign against the Plaintiffs. This false campaign includes the Defendants getting published, defamatory and malafide content against the Plaintiffs, which has caused loss of reputation and goodwill of the Plaintiffs.
11. The Court has seen some of the materials, which have been filed with This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 03/06/2024 at 23:48:08 the plaint. The Court, before considering the prayer for interim relief, deems it appropriate to issue summons and notice to all the Defendants.
12. Considering that there are a total of 73 Defendants and some unknown persons as well, issue summons and notices to all the Defendants. Summons and notices in this case would be issued through email as also by courier to all the Defendants.
13. The links for offending videos have been provided from pages 132 to 679 in the plaint. Let these links be compiled in the form of a list and be supplied to the Counsels for Google and Facebook, who will then, within two weeks, give details of the email addresses or any other BSI details, which may be available of the persons, who may have uploaded the videos to the Plaintiffs. Upon receiving such list, the Plaintiffs are free to take steps for impleadment of such parties in the present suit.
14. The application for interim relief shall be considered on the next date of hearing. After the service being effected, if any of the Defendants wish to oppose the relief sought, they shall file a reply within two weeks.
15. Issue summons in the suit and notice in the application.
16. Let the written statement to the plaint be filed within 30 days. Along with 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.
17. Liberty is given to the Plaintiffs to file replication within 15 days of the receipt of the written statement(s). Along with the replication, if any, filed by the Plaintiffs, an affidavit of admission/denial of documents of the Defendants, be filed by the Plaintiffs, without which the replication shall not be taken on record. If any of the parties wish to seek inspection of any This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 03/06/2024 at 23:48:08 documents, the same shall be sought and given within the timelines.
18. It is made clear that any party unjustifiably denying documents would be liable to be burdened with costs.
19. List before the Joint Registrar on 23rd August, 2024.
20. List before the Court on 10th July, 2024.
PRATHIBA M. SINGH, J.
MAY 31, 2024/dk/rks This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 03/06/2024 at 23:48:08