Delhi High Court - Orders
Indiabulls Housing Finance Ltd vs Twitter Inc. & Anr on 1 February, 2022
Author: Amit Bansal
Bench: Amit Bansal
$~10
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CS(OS) 58/2022
INDIABULLS HOUSING FINANCE LTD. ..... Plaintiff
Through: Mr. Sandeep Sethi, Senior Advocate
with Mr. Rishi Agrawala, Mr. Karan
Luthra, Mr. Ankit Banati and Mr.
Shravan Niranjan, Advocates.
versus
TWITTER INC. & ANR. ..... Defendants
Through: Mr. Deepak Gogia, Advocate for D-
2/Twitter.
CORAM:
HON'BLE MR. JUSTICE AMIT BANSAL
ORDER
% 01.02.2022
[VIA VIDEO CONFERENCING]
I.A. Nos. 1741/2022 & 1742/2022 (both for exemption)
1. Subject to the plaintiffs filing original and certified copies of the documents relied upon and legible copies of any dim or illegible documents relied upon within four weeks from today, exemption is granted for the present.
2. The applications are disposed of.
CS(OS) 58/2022
3. Let the plaint be registered as a suit.
4. Issue summons in the suit through all permissible modes. The written statement shall be filed within thirty days from the receipt of summons. Along with the written statements, the defendant shall also file an affidavit Signature Not Verified Signed By:SAKSHI CS(OS) 58/2022 Page 1 of 3 RAMOLA Signing Date:02.03.2022 11:29:07 of admission/denial of the documents of the plaintiff.
5. Liberty is granted to the plaintiff to file replication to the written statement within fifteen days from the receipt of the written statement. Along with the replication filed by the plaintiff, an affidavit of admission/denial of the documents of the defendant, be filed by the plaintiff.
6. List before the Joint Registrar on 20th April, 2022 for completion of service and pleadings.
7. List before the Court on 11th July, 2022 for framing of issues. I.A. No. 1740/2022 (u/O-XXXIX R-1 &2)
8. The present suit has been filed by the plaintiff seeking permanent injunction against defendant no.2 from posting defamatory material against the plaintiff on the social media platform, including Twitter.
9. It is stated that defendant no.2, who is the suspended director of Shri Ram Urban Infrastructure Limited (hereinafter SRUIL), presently undergoing corporate insolvency process under Insolvency and Bankruptcy Code, 2016, is posting defamatory tweets which is causing severe damage to the reputation of the plaintiff. In this regard my attention has been drawn to the various defamatory tweets which are detailed in paragraph 54 of the plaint. The tweets by defendant no 2 are in relation legal proceedings involving the plaintiff and SRUIL before various Courts.
10. Plaintiff has made out a prima facie case in its favour for grant of ex- parte ad-interim injunction.
11. In my prima facie view, the tweets are defamatory in nature and damaging to the reputation of the plaintiff. The balance of convenience is in favour of the plaintiff and irreparable harm and injury would be caused to the plaintiff if the defendant is not restrained form posting defamatory posts Signature Not Verified Signed By:SAKSHI CS(OS) 58/2022 Page 2 of 3 RAMOLA Signing Date:02.03.2022 11:29:07 against the plaintiff on various platforms.
12. Consequently, till the next date of hearing, defendant no.2 is restrained from publishing/disseminating or uploading in any manner or any website, messenger application, social media platform, including twitter, defamatory posts against the plaintiff or the plaintiff's management which are similar to the tweets as detailed in paragraph 54 of the plaint.
13. Further, defendant no.2 is directed to take down the tweets detailed in paragraph 54 of the plaint within 48 hours from today. In the event, the aforesaid tweets are not taken down by the defendant no.2 within 48 hours from today, the counsel for plaintiff shall inform the counsel appearing on behalf of defendant no.1 and upon such intimation, defendant no.1 shall take down the aforesaid tweets within 72 hours of such intimation. Defamatory posts against the plaintiff
14. Compliance report under Order XXXIX Rule 3 of the CPC be filed within 3 days.
15. List before the Joint Registrar on 20th April, 2022.
16. List before Court on 11th July, 2022.
AMIT BANSAL, J.
FEBRUARY 1, 2022 at Signature Not Verified Signed By:SAKSHI CS(OS) 58/2022 Page 3 of 3 RAMOLA Signing Date:02.03.2022 11:29:07