Bombay High Court
Pankaj Chhaparwal vs Vatsal Vyomesh Desai on 1 April, 2024
Author: Bharati Dangre
Bench: Bharati Dangre
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
CONTEMPT PETITION (L) NO. 20408 OF 2023
WITH
INTERIM APPLICATION (L) NO. 19054 OF 2023
IN
SUIT (L) NO.19033 OF 2023
Pankaj Chhaparwal .. Petitioner/
Applicant
Versus
Vatsal Vyomesh Desai & Ors .. Defendants/
Respondents
...
Mr. Veerendra Tulzapurkar, Sr. Advocate a/w Ms. Neha Naik,
Sanaea Laskari, Shubham Dhamnskar i/b Phoenix Legal for the
Plaintiff/ Applicant/ Petitioner.
Mr. Shrey Fatterpekar a/w Sneha Vani i/b Sneha Vani Marjadi
for respondent no.1.
Mr. Alankar Kirpekar a/w Ayush Tiwari i/b MAG Legal for
defendant no.2.
Mr. Bryan Pillai i/b Shardul Amarchand Mangaldas & Co. for
defendant no.5.
Mr. C. Keswani a/w Shubhangi Khandelwal i/b Economic Law
Practice for defendant no.6.
CORAM: BHARATI DANGRE, J.
DATED : 1st APRIL, 2024 P.C:-
1 In compliance of the order dated 16/01/2024, an affidavit is filed by Vatsal Vyomesh Desai in the Contempt Petition, wherein he has made the following statement.
Ashish ::: Uploaded on - 03/04/2024 ::: Downloaded on - 04/04/2024 00:21:38 ::: 2/5 34 conp l 20408-23.doc "3. I say that following Twitter accounts have been suspended by Twitter itself and hence I don't have the specific dates of the accounts being suspended. Since Twitter itself have suspended my accounts, I am unable to operate these accounts nor do I have any access for the following twitter accounts:-
SR NO. NAME OF THE TWITTER STATUS
HANDLE
1. @DooToo99 Suspended
2. @TheCougar99 Suspended
3. @DoTo10101 Suspended
4. @TheCougar11999 Suspended
5. @TheCougar88 Suspended
6. @TheFix99999 Suspended
7. @RamonNatt11 Suspended
8. @JeffMoon498720 Suspended
9. @ToddMartin999 Suspended
10. @ToddMartin33333 Suspended
11. @barrybritt70711 Suspended
12. @MarkTown85049 Suspended
13. @Sydstar33033 Account doesn't exist
14. @MikeTon333 Suspended
15. @Ozwill127 Suspended
16. @MikeTown1334051 Suspended
17. @spratt_mik533 Suspended
18. @TooDoo473294 Suspended
19. @Vatsaldesai Suspended
4. I say that I have deleted all the comments from both Facebook accounts. I further say that on 16th January 2024 I have deleted both Facebook account being as follows:-
SR NO. NAME OF FACEBOOK ACCOUNT STATUS & DATE
1. Ian Monk Deleted on 16/01/2024
2. Too Doo Deleted on 16/01/2024 However, I say that as per the Facebook policy the above accounts will permanently be deleted after 30 days from 16/01/2024. I hereby Ashish ::: Uploaded on - 03/04/2024 ::: Downloaded on - 04/04/2024 00:21:38 ::: 3/5 34 conp l 20408-23.doc undertake that I will not revive these accounts.
5. I say that I have deleted both Instagram handles and the same is reflected from the screenshots taken from the Browser which states "Sorry this page isn't available". Following is the Instagram Handles:-"
SR NO. NAME OF INSTAGRAM ACCOUNT STATUS
1. TooDoo99999 Account Deleted
2. TheCougar11 Account Deleted 2 He also has categorically stated that he has deleted the email sent from gmail accounts and even deleted his gmail account being [email protected]. As far as his Outlook account is concerned, he make a following statement:
"I further say that I could not delete Outlook account being [email protected] since I do not remember the password and I am unable to revive or create new password. However, I say that this Hon'ble Court can pass appropriate directions for suspending and/or deleting the Outlook account being [email protected]."
3 In paragraph no. 8, the deponent has made a specific request to the Court not to pass any direction for deleting his gmail account being [email protected], [email protected] since this is his primary account for the purposes of bank transaction and corresponding with the government, educational institutions, he is accessing the mail account for last 20 years.
In paragraph 9 an unconditional apology is tendered to this Court with a request that the contempt proceedings be dropped.
4 Dr. Tulzapurkar appearing for the Petitioner however make a grievance that despite the affidavit being tendered on 18/01/2024, he has received a heap of emails from the account Ashish ::: Uploaded on - 03/04/2024 ::: Downloaded on - 04/04/2024 00:21:38 ::: 4/5 34 conp l 20408-23.doc [email protected] and sending of these emails has infact aggravated the contempt.
Let Mr. Tulzapurkar put this statement on affidavit along with the list of the emails, which he has received from the contemnor.
The learned counsel representing the contemnor is just reminded, of the powers of this Court to be exercised under the Contempt of Court Act, particularly when the contempt is aggravated and let him apprise Mr. Desai of the consequences, which he will have to take upon the Court coming to a conclusion that he has indulged himself in willful disobedience of the order passed by this Court, as well as the statement made in his affidavit, where he has tendered apologies. 5 As far as the directions to the respondent no.2 X Corp , respondent no.5 Meta Platform Inc and respondent no.6 Google LLC is concerned, the respective counsel make a categorical statement that upon submission of the exact URL Number of the defamatory article, they shall immediately delete the contents from their site, though they cannot give any assurance of any future commitment, but as and when they are receipt in URL Numbers of the defamatory material, they shall take appropriate steps.
6 Dr. Tulzapurkar shall furnish the necessary ULR sites/the description, to this Court as it is the submission of Mr. Kirpekar that unless and until the directions come from this Court, his client as a intermediatory is not permitted to take a decision, whether it has to be deleted.
Ashish
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This argument deserve to be tested on the next date of hearing but for the time being as far as the present material is concerned, in respect of which the Contempt Petition in filed, let the URL be submitted by Dr. Tulzapurkar to this Court before the next date of hearing.
7 On the next date of hearing, it is directed that Mr. Vatsal Vyomesh Desai, the contemnor shall remain present in this Court, since prima facie, in the wake of submission of Dr. Tulzapurkar that he has continued his activity of forwarding defamatory emails, and he is guilty of aggravated contempt.
List the Contempt Petition along with Interim Application for hearing on 23/04/2024, on which date the contemnor no.1 shall remain present in this Court.
( SMT. BHARATI DANGRE, J.) Ashish ::: Uploaded on - 03/04/2024 ::: Downloaded on - 04/04/2024 00:21:38 :::