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Delhi High Court - Orders

Tata Sons Private Limited & Anr vs Chirag Pramod Shah Authorised ... on 27 May, 2021

Author: C.Hari Shankar

Bench: C.Hari Shankar

                          $~7(Original Side)
                          *     IN THE HIGH COURT OF DELHI AT NEW DELHI
                          +     CS(COMM) 80/2021, I.A. 4992/2021 & I.A. 2415/2021
                                TATA SONS PRIVATE LIMITED & ANR. ..... Plaintiffs
                                                    Through:      Mr. Achuthan Sreekumar, Adv.

                                                    versus

                                CHIRAG PRAMOD SHAH AUTHORISED
                                REPRESENTATIVE AND PROPRIETOR ANA REALTY &
                                ANR.                             ..... Defendants
                                             Through: Mr. Mahesh Rajpopat, Adv.

                                CORAM:
                                HON'BLE MR. JUSTICE C.HARI SHANKAR
                                          ORDER
                          %               27.05.2021
                                    (Video-Conferencing)

I.A. 2415/2021(under Order XXXIX, Rules 1 & 2, read with Section 151 of CPC, 1908) & I.A. 4992/2021 (under Order I, Rule 10, read with Section 151 of CPC, 1908)

1. Mr. Achuthan Sreekumar, learned Counsel for the plaintiff, submits that the only infringing account of Defendant Nos. 1 and 2 which remains is his Instagram account. Instagram has been impleaded as Defendant No. 3. However, there is no appearance on behalf of Instagram today.

2. Mr. Rajpopat, learned Counsel for Defendant Nos. 1 and 2, submits that his client is not interested in continuing with its Instagram account. The Instagram account of Defendant Nos. 1 and 2 is at https://www.instagram.com/anarealty/.

Signature Not Verified Digitally Signed By:SUNIL SINGH NEGI CS(COMM) 80/2021 Page 1 of 2 Signing Date:30.05.2021 14:34:53

3. However, as has been noted in earlier orders, the Instagram account of Defendant Nos. 1 and 2 was being operated by one M/s Paras Estate, who had been retained by Defendant Nos. 1 and 2 for the said purpose. Defendant Nos. 1 and 2, however, submitted that they are not in touch with M/s Paras Estate and in that regard, a police complaint also stood filed.

4. In any event, in view of the statement of Defendant Nos. 1 and 2, Instagram is directed to delete the account of Defendant Nos. 1 and 2.

5. The plaintiff is permitted to communicate a copy of this order to Instagram, for compliance.

6. With this, nothing survives for adjudication in the present applications, which accordingly stand disposed of.

7. Mr. Achuthan Sreekumar also confirms that 68 Twitter URLs, which were communicated by the plaintiff to Twitter, have been taken down by Twitter.

C.HARI SHANKAR, J MAY 27, 2021 ss Signature Not Verified Digitally Signed By:SUNIL SINGH NEGI CS(COMM) 80/2021 Page 2 of 2 Signing Date:30.05.2021 14:34:53