Delhi High Court - Orders
Indiabulls Housing Finace Ltd vs Twitter International Company & Ors on 18 June, 2020
Author: Mukta Gupta
Bench: Mukta Gupta
$~1
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CS(OS) 117/2020
INDIABULLS HOUSING FINACE LTD. ..... Plaintiff
Represented by: Mr.Kamal Mehta and Mr.Raghav
Pandey, Advocates.
versus
TWITTER INTERNATIONAL COMPANY & ORS...... Defendants
Represented by: Mr.Deepak Gogia, Advocate for the
applicant/defendant No.1.
CORAM:
HON'BLE MS. JUSTICE MUKTA GUPTA
ORDER
% 18.06.2020 The hearing has been conducted through Video Conferencing. I.A. 4567/2020 (exemption from filing notarised affidavit)
1. By this application, the applicants/defendant No.1 and Twitter Inc. (proposed defendant) seek exemption from filing the duly notarised/attested affidavits in support of the applications.
2. Applicants/defendant No.1 and Twitter Inc. are exempted from filing the duly notarised/attested affidavits in support of the applications at this stage. However, the same be filed within 72 hours of the resumption of the normal functioning of this Court.
3. Application is disposed of.
I.A. 4565/2020 (Under Order I Rule 10 (2) CPC-by defendant No.1 and Twitter Inc.)
1. Issue notice.
2. Learned counsel for the plaintiff/non-applicant accepts notice.
CS(OS) 117/2020 Page 1 of 33. By this application, applicants state that the plaintiff while filing the present suit has impleaded Twitter International Company as defendant No.1 however, Twitter International Company is currently providing twitter services through the website to the users living in European Union and/or European Economic area only. It is further stated that currently the entity which is providing twitter services in India is Twitter Inc., a company incorporated and registered under the laws of United States of America having its office at San Francisco, USA.
4. It is thus prayed that defendant No.1/Twitter International Company, impleaded, having no role to play, be deleted from the array of parties and Twitter Inc. being a necessary and proper party be impleaded as defendant No.1.
5. Learned counsel for the plaintiff, who accepts notice, has no objection to deleting Twitter International Company from the array of parties as defendant No.1 and replacing the same with Twitter Inc. as Twitter Inc. is the entity responsible for giving twitter services in India.
6. Application is thus disposed of deleting Twitter International Company as defendant No.1 and substituting the same with Twitter Inc.
7. Amended memo of parties be filed within two days. I.A. 4566/2020 (under Section 151 CPC-by Twitter Inc. Proposed defendant)
1. By this application, Twitter Inc. states that in order to implement the interim order dated 18th March, 2020, passed by this Court, the applicant can take down the speeches only after the URLs are provided by the plaintiff. Since no URLs have been provided by the plaintiff and this direction is also CS(OS) 117/2020 Page 2 of 3 in consonance with various orders passed by this Court, the plaintiff be directed to provide the URLs in respect of the tweets sought to be pulled down.
2. Learned counsel for the plaintiff/non-applicant states that the details of the URLs of the tweets and re-tweets sought to be pulled down for which interim order has been passed, will be provided to the newly added defendant No.1 within 72 hours through email and on resumption of the normal functioning of the Court, an affidavit will be filed in support of the email sent by the plaintiff.
3. Consequently, the plaintiff is permitted to provide the URLs of the tweets and re-tweets required to be pulled down in terms of the interim order passed by this Court on 18th March, 2020 within 72 hours from today and on receipt of the email with the details containing the URLs, the applicant, that is, Twitter Inc. will pull down the said tweets and re-tweets within 72 hours.
4. Application is disposed of.
5. Order be uploaded on the website of this Court.
MUKTA GUPTA, J.
JUNE 18, 2020 'vn' CS(OS) 117/2020 Page 3 of 3