Delhi High Court - Orders
Apeejay Stya Knowledge Llp & Ors vs Arjun Bhardwaj & Ors on 11 September, 2020
Author: Mukta Gupta
Bench: Mukta Gupta
$~1
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CS(OS) 258/2020
APEEJAY STYA KNOWLEDGE LLP & ORS. ..... Plaintiff
Represented by: Mr.Amarjeet Singh, Mr.Anurag
Ahluwalia, Mr.Akash Nagar and
Mr.Abhigyan Siddhant, Advocates.
versus
ARJUN BHARDWAJ & ORS. ..... Defendants
Represented by: Mr.Khagesh B. Jha and Ms.Shikha
Sharma, Advocate for defendant
No.1.
Mr.Deepak Gogia, Advocate for
defendant Nos.2 and 3.
CORAM:
HON'BLE MS. JUSTICE MUKTA GUPTA
ORDER
% 11.09.2020 The hearing has been conducted through Video Conferencing. I.A. 8023/2020 (exemption)
1. Allowed, subject to all just exceptions.
2. Application is disposed of.
I.A. 8022/2020 (under Section 148 r/w Section 149 CPC seeking enlargement of time for filing court fee)
1. Court fee be deposited within one week.
2. Application is disposed of.
CS(OS) 258/2020 I.A. 8021/2020 (under Order XXXIX Rule 1 and 2 CPC)
1. Plaint be registered as a suit.
Signature Not Verified Digitally Signed By:SANDEEP KUMAR CS(OS) 258/2020 Page 1 of 3Signing Date:11.09.2020 21:21:15 This file is digitally signed by PS to HMJ Mukta Gupta
2. Issue summons in the suit and notice in the application.
3. Learned counsels for the defendant No.1 and defendant Nos.2 and 3 accept summons in the suit and notice in the application.
4. Learned counsel for the defendant Nos.2 and 3 at the outset states that the defendant No.2 is not a necessary party as the defendant No.3 is only competent to comply with the orders of this Court directing taking down the tweets.
5. Defendant No.2 be deleted from the array of parties. Amended memo of parties be filed within two days.
6. Written statement to the plaint and reply affidavit to the application along with affidavit of admission/denial be filed within 30 days.
7. Replication and rejoinder affidavit along with the affidavit of admission/denial be filed within three weeks thereafter.
8. List the suit and application on 11th January, 2021.
9. Grievance of the plaintiffs in the present suit is to the actions of defendant No.1, whose son and daughter are studying in the plaintiff No.3 school as defendant No.1 has posted malicious, slanderous tweets about the plaintiffs committing 'commercial loots' alleging that the plaintiffs are creating a situation of gunda raj etc. Relevant tweets are mentioned from para-46 to 49 of the plaint.
10. Learned counsel for defendant No.1 who enters appearance states that the defendant No.1 has zero following and most of the tweets are the re- tweets.
11. Learned counsel for the defendant Nos.2 and 3 points out that only one tweet is a re-tweet which is in para-47, whereas in respect of other paragraphs, they are all original tweets originating from defendant No.1.
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12. Considering the nature of language used in the tweets and that the plaintiffs are under direct supervision of the Directorate of Education in terms of fee hike, the defendant No.1 is directed to take down his tweets and re-tweets within 36 hours from the passing of this order and in case of failure of defendant No.1 in taking down the tweets as mentioned in paras- 46 to 49 of the plaint, plaintiffs will intimate the same to the Twitter Inc, through learned counsel who will then take down the tweets within 72 hours of the receipt of the intimation from the plaintiffs. Till the next date of hearing before this Court, the defendant No.1 is restrained from making any defamatory remarks against the plaintiffs either in print or electronic media or video, internet or publishing the same on the social media.
13. Order be uploaded on the website of this Court.
MUKTA GUPTA, J.
SEPTEMBER 11, 2020 'vn' Signature Not Verified Digitally Signed By:SANDEEP KUMAR CS(OS) 258/2020 Page 3 of 3 Signing Date:11.09.2020 21:21:15 This file is digitally signed by PS to HMJ Mukta Gupta