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Convergytics Solutions Pvt. Ltd. & Ors vs Randhir Hebbar & Ors on 12 May, 2023

Author: Chandra Dhari Singh

Bench: Chandra Dhari Singh

                  $~39
                  *    IN THE HIGH COURT OF DELHI AT NEW DELHI
                  +    CS(OS) 266/2021

                          CONVERGYTICS SOLUTIONS PVT. LTD. & ORS. ..... Plaintiffs
                                      Through: Mr.Jayant Mehta, Senior Advocate
                                               with Anirudh Wadhwa , Mr.Keshav
                                               Gulati and Mr.Shashwat Awasthi,
                                               Advocates

                                           versus

                          RANDHIR HEBBAR & ORS.                       ..... Defendants
                                      Through: Mr.Amit Anand, Advocate for D-1
                                                and 2 (Through VC)
                                                Mr.Sanjay Kumar and Mr.Abhishek
                                                K. Singh, Advocate for D-4.

                          CORAM:
                          HON'BLE MR. JUSTICE CHANDRA DHARI SINGH
                                         ORDER

% 12.05.2023 I.A. No. 9231/2023 (under O XXXIX Rule 2A CPC )

1. The present application under Order XXXIX Rule 2A of the Code of Civil Procedure, 1908 has been filed by the plaintiffs seeking the following reliefs:

"a. Direct the Defendant Nos. 1 and 2 to take down the Defamatory Posts mentioned in paragraph 8 of the instant Application;

b. Initiate contempt proceedings against Defendant Nos. 1 and 2 for wilfully and blatantly disobeying the Judgement dated 25.10.2021 issued by this Hon'ble Court in the instant matter and thereafter award such punishment as may be just and appropriate; and c. Pass such further orders as this Hon'ble Court may deem fit and proper."

2. The learned senior counsel appearing on behalf of the plaintiff submitted that the plaintiffs have filed the accompanying suit for damages and permanent and mandatory injunction inter alia seeking to restrain the defendant Nos. 1 and 2 from making defamatory statements and spreading malicious falsehoods about the plaintiffs, committing unlawful and tortious interference with the business of the plaintiffs and breaching the privacy and confidentiality of the plaintiff Nos. 2 and 3 and the employees of the plaintiff No. 1 by accessing their emails without their authorization or consent. The instant suit also seeks appropriate directions to defendant Nos. 3 and 4 to take down the defamatory social media posts as specified below published on their platform "www.linkedin.com" by the defendant Nos. 1 and 2.

3. It is further submitted on behalf of the plaintiffs that vide judgment dated 25th October, 2021, the Court, whilst dismissing the application filed by the defendants seeking rejection of the plaint allowed I.A. No. 7119/2021 filed by the plaintiffs seeking interim injunction and prima facie found the communications made by the defendants No. 1 and 2 referred in the plaint defamatory in nature and violative of the rights of the plaintiffs. The defendants No.1 and 2 were also restrained publishing on social media any content that lowers the reputation of the plaintiffs or interferes with their business. It is further submitted that even after the specific directions of this Court restraining the defendants No. 1 and 2 from publishing any social media posts, the defendants No. 1 acting in concert with the defendant No 2, has been continuously engaging in torturous behaviour and continuing to malign the hard-earned reputation of the plaintiffs by communications issued on various social media platforms in gross violation of the said order.

4. It is further submitted on behalf of the plaintiffs that Defendant Nos.1 and 2 have challenged the said judgment dated 25th October, 2021 vide FAO(OS) No. 77/2022 and that there is no order staying the said judgment. It is further submitted on behalf of the plaintiffs that now the defendants have plans to continue to defame and disparage the plaintiffs despite the orders of this Court by publishing a book and that such an attempt be punished and stopped prior to the same happening. Thus the present application has been file by the plaintiffs.

5. Heard the learned senior counsel appearing on behalf of the plaintiffs.

6. Issue notice.

7. Learned counsel appearing on behalf of the defendants no.1 and 2 and the learned counsel appearing for the defendant No.4 accept notice and prayed for three weeks time to file reply to the application. Let the same be filed within a period of three weeks. The rejoinder, thereto, if any, be filed within a period of one week thereafter.

8. List on 26th July, 2023.

9. The date 22nd August, 2023 stands cancelled.

CHANDRA DHARI SINGH, J MAY 12, 2023 SV/DB Click here to check corrigendum, if any Signature Not Verified Digitally Signed By:DAMINI YADAV Signing Date:15.05.2023 18:02:37