Delhi High Court - Orders
H.H. Lokanath Swami Through Duly ... vs Ms. Saraswati (Sara) Richardson Jones & ... on 18 April, 2023
Author: Chandra Dhari Singh
Bench: Chandra Dhari Singh
$~45
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CS(OS) 179/2023
H.H. LOKANATH SWAMI THROUGH DULY CONSTITUTED
POWER OF ATTORNEY RALF STEFAN GIESENHAUS S/O
VOLKER GIESENHAUS ..... Plaintiff
Through: Mr. Rakesh Taneja, Mr. Shivam
Choudhary and Mr. Shivang Goel,
Advocates
versus
MS. SARASWATI (SARA) RICHARDSON JONES & ORS.
..... Defendants
Through: Mr. Vivek Sood, Mr. Ajay Garg, Ms.
Tripti Gola, Ms. Lhingdeihat
Chongloi, Mr. Arvind Sardana, Mr.
Shashwat Bhardwaj, Mr. Saurabh
Aggarwal, Ms. Manya Sharma and
Mr. Amrit Koul, Advocates for D-1
and 2
Mr. Tejas Karia, Mr. Varun Pathak,
Ms. Amee Rana and Ms. Vibhuti
Vasisth, Advocates for D-3
Mr. Deepak Gogia and Mr. Aadhar
Nautiyal, Advocates for D-4
CORAM:
HON'BLE MR. JUSTICE CHANDRA DHARI SINGH
ORDER
% 18.04.2023 I.A. 7171/2023 (u/O-XXXIX R-2A of CPC)
1. The instant application under Order XXXIX Rule 2A read with Signature Not Verified Digitally Signed By:GAURAV SHARMA Signing Date:19.04.2023 18:29:08 Section 151 of the Code of Civil Procedure, 1908 has been filed on behalf of plaintiff seeking the following reliefs:-
"a. Pass an order for initiating the contempt of court inter-alia within the provisions of Order 39 Rule 2A CPC against the defendants 1 , 2 and 3.
b. Pass an order thus holding the defendants I and 2 guilty of contempt of court and punish them in accordance with the provisions of Order 39 Rule 2A CPC;
c. Pass an order against the Defendant no.3 for guilty of contempt of court as contemplated in terms of the provision of law contained in Order XXXIX R2A r/w Section 151 CPC;
d. Pass any other order that this Hon'ble court may deem fit and proper under the facts and circumstances of the present case."
2. Learned counsel appearing on behalf of applicant/plaintiff submitted that the instant application has been filed due to the willful disobedience and breach of the injunction of the order dated 15th March, 2023, by which, the plaintiff was granted ad-interim injunction in its favor by this Court. It is submitted that in the background of the aforesaid directions, the plaintiff furnished/shared details of hundreds of URLs of objectionable contents/ imputations posted by the defendants No. 1 and 2. Moreover, defendant No. 3, in defiance of the order dated 15th March, 2023 has been posting at its social media platform. It is further submitted that the defendant No. 3 is acting in defiance, was communicated by the plaintiff to defendant No. 3 vide e-mails dated 21st March, 2023 and 30th March, 2023.
3. Learned counsel appearing on behalf of applicant/plaintiff submitted that once an advance copy of the instant application is served upon the Signature Not Verified Digitally Signed By:GAURAV SHARMA Signing Date:19.04.2023 18:29:08 defendants No. 1 and 2/their Counsel, some of the post might be deleted/ removed by the creator. It is submitted that the defendants No.1 and 2, after being notified of their deliberate non- compliant attitude towards the interim order of injunction dated 15th March, 2023, have been removed from admin positions, however, they have continued the impugned activity by way of commenting upon other's post. One of the group is being hosted by the defendant No. 3 by the name of "Vedic Inquirer-Advancing Child Protection" whereupon such mischievous activities are being taken at the instance of the defendants No. 1 and 3. It is further submitted that the defendants have been indulging in writing surrogate posts on the subject they have been injuncted in violation of the order dated 15th March, 2023 passed by this Court.
4. Heard.
5. Issue notice. Notice is accepted by learned counsel appearing on behalf of defendants No. 1 to 4. They vehemently opposed the instant application and prayed for some time to file reply/objection.
6. Let reply/objection to the application be filed within four weeks. Rejoinder, thereto if any, be filed within two weeks thereafter.
7. List on 7th August, 2023 i.e. the date already fixed.
CHANDRA DHARI SINGH, J APRIL 18, 2023 Dy/as Click here to check corrigendum, if any Signature Not Verified Digitally Signed By:GAURAV SHARMA Signing Date:19.04.2023 18:29:08