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Delhi High Court - Orders

Cpc For Exemption) Fiitjee Ltd vs Sadbhawna Today & Anr on 20 July, 2021

Author: C. Hari Shankar

Bench: C. Hari Shankar

                          $~9
                          *     IN THE HIGH COURT OF DELHI AT NEW DELHI
                          +     CS(OS) 225/2021, CCP(O) 21/2021 (Sections 11 and 12), IAs
                                5723/2021 (Order XXXIX Rules 1 and 2 CPC), 8639/2021
                                (Order XXXIX Rule 2A CPC) and 8640/2021 (Section 151
                                CPC for exemption)

                                FIITJEE LTD.                                      ..... Plaintiff
                                                    Through    Mr. K.C. Mittal, Sr. Advocate
                                                    with Mr. Yugansh Mittal, Adv.

                                                    Versus

                                SADBHAWNA TODAY & ANR.                 ..... Defendants
                                             Through   Ms. Sima Gulati, Adv.
                                                       Ms. Mamta Jha, Adv. for
                                                       Google LLC
                                CORAM:
                                HON'BLE MR. JUSTICE C. HARI SHANKAR

                                             ORDER
                          %                  20.07.2021
                                       (Video-Conferencing)

CS(OS) 225/2021, CCP(O) 21/2021 (Sections 11 and 12), IAs 5723/2021 (Order XXXIX Rules 1 and 2 CPC), 8639/2021 (Order XXXIX Rule 2A CPC) and 8640/2021 (Section 151 CPC for exemption)

1. The affidavit of service filed by the plaintiff, consequent to issuance of dasti notice by this Court, asserts that Defendant No. 1 misbehaved with the plaintiff and refused to accept dasti service.

2. In view thereof, in order to have an official report in this regard, let dasti service be effected through the Process Server attached to this Court. The Process Server is directed to file a report, on record, Signature Not Verified Digitally Signed By:SUNIL SINGH NEGI CS(OS) 225/2021 Page 1 of 2 Signing Date:20.07.2021 22:16:16 regarding the status of service on Defendant No. 1, before the next date of hearing.

3. Service is directed to be effected by the Process Server within three days of presentation of a copy of this Court by the plaintiff to the Registry of this Court.

4. The Registry is directed to release a copy of this order to the plaintiff within 24 hours.

5. Google LLC, which manages YouTube, is present in Court today through Ms. Mamta Jha, learned counsel. Accordingly, in order to ensure implementation of the order dated 20th April, 2021, Google LLC is directed, immediately remove/take down, from the YouTube platform, the offending video, of 4 minutes 55 seconds length uploaded by Defendant No. 1 on 15th February, 2021, within 72 hours of being provided the URL related to the said video clip by the plaintiff. The plaintiff is directed to furnish the requisite URL at the email ID of Ms. Mamta Jha, learned counsel who appears for Google LLC today. For the time being, the video clip would be taken down/removed insofar as it is accessible within India.

6. Renotify on 30th July, 2021.

C. HARI SHANKAR, J.

JULY 20, 2021 r.bararia Signature Not Verified Digitally Signed By:SUNIL SINGH NEGI CS(OS) 225/2021 Page 2 of 2 Signing Date:20.07.2021 22:16:16