Anjali Birla D/O Shri Om Birla vs X Corp. & Ors on 23 July, 2024

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Delhi High Court - Orders

Anjali Birla D/O Shri Om Birla vs X Corp. & Ors on 23 July, 2024

Bench: Navin Chawla

                             $~34
                             *    IN THE HIGH COURT OF DELHI AT NEW DELHI
                             +    CS(OS) 573/2024
                                  ANJALI BIRLA D/O SHRI OM BIRLA          .....Plaintiff
                                                  Through: Mr.Rajiv Nayar, Sr. Adv. with
                                                           Mr.Sanyam             Khetarpal,
                                                           Mr.Aditya                 Bharat
                                                           Munabarwala,           Ms.Akriti
                                                           Munabarwala,         Mr.Saurabh
                                                           Seth,    Mr.Nitesh        Goyal,
                                                           Ms.Prakriti Anand, Mr.Nitai
                                                           Agarwal, Ms.Lisa Sankrit,
                                                           Advs.

                                                                            versus

                                       X CORP. & ORS.                                                                      .....Defendants
                                                                            Through:                 Nemo

                                  CORAM:
                                  HON'BLE MR. JUSTICE NAVIN CHAWLA
                                               ORDER

% 23.07.2024 IA 34149/2024

1. This is an application seeking exemption from serving advance copy of the Suit to the defendant no.4.

2. As the defendant no.4 has been impleaded in a presumed name, that is, John Doe, the application is allowed, and the plaintiff is exempted from serving an advance copy of the Suit on the defendant no.4.

IA 34148/2024

3. This is an application seeking exemption from serving the requisite advance statutory notice to the Ministry of Electronics 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 25/07/2024 at 02:03:13 and Information Technology, Government of India.

4. Keeping in view the nature of interim and urgent relief prayed for in the present Suit, the application is allowed. IA 34147/2024 (exemption)

5. Allowed, subject to all just exceptions.

CS(OS) 573/2024

6. Let the plaint be registered as a suit.

7. Issue summons to the Defendants, to be served through all permissible modes, including through electronic mode and dasti as well, returnable on 15th October, 2024 before the learned Joint Registrar (Judicial).

8. The summons to the Defendants shall indicate that the Written Statement(s) to the plaint shall be positively filed within a period of 30 days from the date of receipt of summons. Along with the Written Statement(s), the Defendants shall also file the affidavit(s) of admission/denial of the documents of the Plaintiff, without which the Written Statement(s) shall not be taken on record.

9. Liberty is given to the Plaintiff to file the Replication(s) within a period of 15 days of the receipt of the Written Statement(s). Along with the Replication(s), if any, filed by the Plaintiff, the affidavit(s) of admission/denial of documents of the defendant(s) be filed by the Plaintiff, without which the Replication(s) shall not be taken on record.

10. If any of the parties wish to seek inspection of any documents, This is a digitally signed order.

IA 34146/2024

11. Issue Notice to the defendants, to be served through all permissible modes, including through electronic mode and dasti as well, returnable on 15th October, 2024 before the learned Joint Registrar (Judicial).

12. Reply(s), if any, be filed within a period of four weeks of receipt of notice. Rejoinder(s) thereto be filed within a period of three weeks thereafter.

13. It is the case of the Plaintiff that the Plaintiff had appeared for the Union Public Service Commission, Civil Service Examination in the year 2019 (in short 'UPSC CSE 2019'). She was selected in the consolidated Reserve List of the UPSC CSE 2019 Exam and joined the Indian Railway Personnel Services (hereinafter to be referred as 'IRPS') on 26.04.2021.

14. It is averred that, only because the father of the Plaintiff happens to be a political figure holding a constitutional post, false, malicious, and frivolous campaign was started against the Plaintiff and her family in 2021. UPSC had also published a communiqué on 07.01.2021 to clear the doubts related to misleading information circulated on social media regarding the operation of Reserve List in Civil Service Examination, especially that of CSE, 2019. On complaints of the Plaintiff, these were also investigated by several news channels, and the electronic media houses, who provided a fact check wherein it was highlighted that the Plaintiff had taken India's top Civil This is a digitally signed order.

15. The Plaintiff claims that again after expiry of three years, false social media campaign and tweets have started coming against her and her family. The learned counsel for the Plaintiff submits that the URLs of the complained social media posts have been given in Document 1- Schedule of Defamatory allegations/statements/posts/publications, annexed with the plaint.

16. The learned senior counsel for the plaintiff, placing reliance on the judgment of this Court in Vinai Kumar Saxena v. AAM Aadmi Party and Ors., (2022) SCC OnLine Del 3093, submits that where the social media posts, tweets, etc., are per se defamatory and incorrect, and have been made without factual verification only in order to tarnish the reputation of the Plaintiff, they cannot be allowed to be in circulation.

17. Having considered the contents of the plaint and having heard the learned senior counsel for the plaintiff, I am of the opinion that the Plaintiff has been able to make out a good prima facie case in her favour. The balance of convenience is also in favour of the Plaintiff and against the Defendants.

18. The impugned social media posts do not appear to be made after due verification. In any case, as noted hereinabove, the Plaintiff was appointed to IRPS in the year 2021. The purpose of posting the impugned social media posts in the year 2024 and in the language that is reflected therein, does not appear to be bona fide This is a digitally signed order.

19. In view of the above, till further orders, the Defendants are restrained from, in any manner, directly or indirectly, publishing, posting, communicating, circulating, tweeting/re-tweeting the contents which are in the nature of one complained of in the present Suit.

20. The Defendant nos.1 and 2 are also directed to remove/block the social media contents, details whereof are given in Document 1 in the present Suit, within 24 hours and till further orders.

21. It is clarified that, in case the Plaintiff comes to know of any other similar social media posts, it shall be open to the Plaintiff to communicate the same to the Defendant nos.1 and 2 and thereafter, the Defendant nos.1 and 2 shall, till further orders of this Court, remove the same as well.

22. Compliance with Order XXXIX Rule 3 of the CPC be made within two days.

NAVIN CHAWLA, J JULY 23, 2024 RN/VS 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 25/07/2024 at 02:03:14

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Delhi High Court - Orders