Madras High Court
M/S.Tractors And Farm Equipment ... vs M/S.Linkedin Corp on 17 March, 2023
C.S.No.3 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 17.03.2023
CORAM
THE HONOURABLE MR.JUSTICE K.KUMARESH BABU
C.S.No.3 of 2023
&O.A.Nos.5 & 6 of 2023
& A.No.68 & 69 of 2023
M/s.Tractors and Farm Equipment Limited … Plaintiff
Vs
1.M/s.LinkedIn Corp.
1000 West Maude Avenue,
Sunnyvale, CA 94085,
United States of America,
Represented by its Authorised Representative
2.LinkedIn Technology Information Pvt. Ltd.,
16A/20, WEA Main Ajmal Khan Road,
Karol Bagh New Delhi 110 005.
And also at
7th Floor, Tower A, Global Technology Park,
Devarabisanahalli, Adarsh Palm Retreat,
Bengaluru 560 103.
3.The Tractorwala,
Owner/ poster of the Profile “The Tracktorwala”
C/o.M/s.LinkedIn Corp,
1000 West Maude Avenue,
Sunnyvale, CA 94085
United States of America.
https://www.mhc.tn.gov.in/judis
C.S.No.3 of 2023
And also at
LinkedIn Technology Information Pvt. Ltd.,
16A/20, WEA Main Ajmal Khan Road,
Karol Bagh New Delhi 110 005.
And also at
7th Floor, Tower A, Global Technology Park,
Devarabisanahalli, Adarsh Palm Retreat,
Bengaluru 560 103. … Defendants
PRAYER: Civil Suit filed under Order VII Rule 1 of the Civil Procedure
Code r/w. Order IV Rule 1 of the Original Side Rules praying for:
(a)Declaring that the 3rd defendant has violated the
provisions of the law presently in force including the
Information Technology Act, 2000 and the Rules and the
internal rules and policies of the Social Media Platform of the
1st and 2nd defendant Viz. “LINKEDIN” including the User
Agreement and “LINKEDIN Professional Community
Policies” etc:
(b)Permanent injunction restraining the defendants their
officials, agents, servants or persons acting through or under
the Defendants in whatever capacity or form from publishing,
posting, exhibiting, displaying, making available any material,
content etc., that is falseor defamatory as against the plaintiff
and its senior management on any forum or medium
whatsoever;
https://www.mhc.tn.gov.in/judis
C.S.No.3 of 2023
(c)Permanent injunction restraining the defendants their
officials, agents, servants or persons acting through or under
the defendants in whatever capacity or form from publishing,
posting, exhibiting, displaying, making available any claims,
content, including lascivious or obscene material or content,
or any allegations to the effect that sexual harassment,
molestation, abuse etc, has taken place in the plaintiff's
company. In any form or manner including written posts,
private messages, audio recordings, video, photographs etc.,
on any forum or medium whatsoever;
(d)granting a mandatory injunction to the 1st and 2nd
defendants to permanently remove/ block the 3rd defendant's
Profile “THE TRACKTORWALA” at URL
https://www/linkedin.com/in/the-tracktorwala-78730516b/ or
any other URL on their social media platform “LINKEDIN”.
(e)grant a mandatory injuction direction directing the 1st
and 2nd defendants herein to forthwith furnish all details
including the IP address, name, identity, address, etc of the
user(s) who are the owner(s) of the profile “THE
TRACKTORWALA” on their social media platform
'LINKEDIN”.
https://www.mhc.tn.gov.in/judis
C.S.No.3 of 2023
(f)for such further or other orders as this Hon'ble Court
may deem fit and proper in the circumstances of the case and
(g)for the costs of the suit and thereby render justice.
For Petitioner : Mr.Krishna Srinivasan
Senior Advocate
for S.Ramasubramanian & Associates
For Respondents : Mr.P.Giridharan for D1 & D2
D3 – unserved
D4 - service awaited
ORDER
The prayer in the suit is primarily to restrain the defendants from publishing, posting, exhibiting, displaying, making available any material, content etc., that is false or defamatory as against the plaintiff and its senior management on any forum or medium whatsoever; and also for a mandatory injuction the 1st and 2nd defendants to permanently remove/ block the 3rd defendant's Profile and to direct the 1st and 2nd defendants herein to forthwith furnish all details including the IP address, name, identity, address, etc of the profile of the 3rd defendant on their social media platform 'LINKEDIN”.
2.When the applications were taken up injunction was granted https://www.mhc.tn.gov.in/judis C.S.No.3 of 2023 restraining the defendants from publishing alleged posts pending notice. The said interim injunction had been time and again extended. By the order dated 09.03.2023, when the applications were listed before this Court, the learned counsel appearing on behalf of the 1st and 2nd defendants had submitted that they do not have details of the 3rd respondent. But, however, they agreed to provide I.P.address of the 3rd defendant. It is also worthwhile to note that pursuant to the injunction granted by this Court in the application, 1st and 2nd defendants have removed the posts and have primarily blocked the 3rd respondent from making any post in their platform LINKEDIN.
3.When the matter was taken up today a memo had been filed on behalf of the plaintiff which is extracted hereunder:-
“1.This Hon'ble Court vide order dt.04.01.2023 was pleased to grant an injunction as prayed for in O.A.No.s5 and 6 of 2023 in the present suit. The said orders have been extended from time to time and continue to remain in force.
2.Pursuant to the said orders, and also as the 1st defendant had found that the 3rd defendant's profile “TRACTORWALA” had vilated the 1st defendant's Terms of https://www.mhc.tn.gov.in/judis C.S.No.3 of 2023 Use, the said 3rd defendant's profile and the posts therein has been restricted.
3.Further, the 1st defendant has also disclosed the IP Address of the 3rd defendant to the plaintiff, as per the orders of this Hon'ble Court dt 09.03.2023.
4.It is humbly prayed that this Hon'ble Court may be pleased to pass orders directing the cyber Crime Cell, ebfore whom a complaint (Acknowledgment No.22912220071368) has been filed against the 3rd defendant, rendent such assistance as may be required to ascertain the name, address, identity and other details of the 3rd defendant.
Therefore, it is humbly prayed that, recording the foregoing, the present suit itself may be disposed off. It is further prayed that the refund of Court Fee may be ordered.”
4.Since, the 1st and 2nd defendants had primarily blocked the 3rd respondent from making any posts in their platform “LINKEDIN” and also they have provided I.P.address of the 3rd respondent. He would seek this Court to record the same and dispose of the suit, however, with liberty to the plaintiff to proceed against the 3rd defendant in the manner known to law. He would also seek this Court's indulgence in directing the Cyber Crime https://www.mhc.tn.gov.in/judis C.S.No.3 of 2023 Cell, Chennai, before whom the plaintiff had made an complaint against 3 rd defendant to findout the name, address, identity and other details of the 3rd defendants.
5.In view of the said submissions made by the learned counsel for the plaintiff, the civil suit is disposed of. The Cyber Crime Cell, Chennai shall take appropriate action on the complaint of the plaintiff bearing acknowledgment No.22912220071368 and ascertain the name, address, identity and other details of the 3rd respondent and provide the same to the plaintiff so as to enable the plaintiff to take appropriate action against the 3rd defendant.
6.With the aforesaid observations, this Civil Suit is disposed of. However, there shall be no order as to costs. Consequently, connected Applications and Original Petitions are closed.
7.Registry is directed to refund the Court fees as applicable in the aforesaid circumstances of the present case.
17.03.2023 gba https://www.mhc.tn.gov.in/judis C.S.No.3 of 2023 Index :Yes/No gba Index: Yes/no Speaking order:Yes/no Neutral citation:Yes/no K.KUMARESH BABU,J.
gba C.S.No.3 of 2023 &O.A.Nos.5 & 6 of 2023 & A.No.68 & 69 of 2023 https://www.mhc.tn.gov.in/judis C.S.No.3 of 2023 17.03.2023 C.S.No.3 of 2023 and O.A.Nos.5 & 6 of 2023 and A.Nos.68 & 69 of 2023 K.KUMARESH BABU,J.
Today, the said application has been posted under the caption “for being spoken to” at the instance of the learned counsel for the applicant. He had mentioned that they have agreed to provide the I.P. Address, which is the only detail available with them. He would also further submit that they have restricted the 3rd respondent from using their platform, which would mean that in future, the 3rd respondent would not be able to use the platform of the 1st respondent.
2.Hence, considering the above said submission, the Registry is directed to modify/ delete the following words in the order dated 17.03.2023. In paragraph 2, 6th line delete the word, “but, however,” and add “except the I.P.address which they have” and in the 7th line, the words https://www.mhc.tn.gov.in/judis C.S.No.3 of 2023 “I.P.address of the 3rd defendant” may be deleted. In the 9th line, the words “and 2nd” may be deleted and in the same line “primarily blocked” may be deleted and the word “restricted” may be added.
3.In paragraph 4, 1st line the word “primarily blocked” will be deleted and the word “restricted” will be added. In the same paragraph, 3rd line, after the word 3rd respondent punctuation may be changed to “,” and the next word shall start with a small letter.
K.KUMARESH BABU,J.
4.Learned counsel would further submit that in paragraph 4 and 5, this Court had indicated that the Cyber Crime Cell is in Chennai. However, the learned counsel would submit that complaint has been made before the Cyber Crime Cell at New Delhi. Therefore, Registry is directed to delete the word “Chennai” in paragraph 4 and 5 and replace it with “New Delhi”.
5.Registry is directed to issue a fresh order copy after carrying out necessary corrections.
27.03.2023 Gba https://www.mhc.tn.gov.in/judis C.S.No.3 of 2023 C.S.No.3 of 2023 and O.A.Nos.5 & 6 of 2023 and A.Nos.68 & 69 of 2023 27.03.2023 https://www.mhc.tn.gov.in/judis