Delhi High Court
Gamut Buildcon Pvt Ltd And Anr vs Atul Verma And Anr on 23 August, 2024
$~38
* IN THE HIGH COURT OF DELHI AT NEW DELHI
Judgment delivered on: 23.08.2024
+ CS(OS) 670/2024
GAMUT BUILDCON PVT LTD AND ANR .....Plaintiffs
Through: Mr. Dhruv Gupta, Mr. Anubhav Garg
and Ms. Yagya Singh, Advs.
versus
ATUL VERMA AND ANR .....Defendants
Through:
CORAM:
HON'BLE MR. JUSTICE VIKAS MAHAJAN
JUDGMENT
VIKAS MAHAJAN, J. (ORAL) I.A. 37176/2024 (Under Section 151 CPC filed by plaintiffs seeking exemption from filing original / certified documents)
1. This is an application seeking exemption from filing original documents. Original documents shall be produced / filed, if sought, strictly as per the DHC (Original Side) Rules, 2018.
2. Allowed, subject to all just exceptions.
3. The application stands disposed of.
Signature Not Verified Digitally Signed By:NARENDRA SINGH CS(OS) 670/2024 Page 1 of 17 ASWAL Signing Date:30.08.2024 15:43:02CS(OS) 670/2024
4. The plaint be registered as a suit.
5. On filing of process fee, summons be issued to the defendants by all permissible modes.
6. The summons shall indicate that written statements must be filed within thirty days from the date of receipt of summons. The defendants shall also file an affidavit of admission/denial of the documents filed by the plaintiffs, failing which the written statements shall not be taken on record.
7. The plaintiffs are at liberty to file replication thereto within thirty days after filing of the written statements. The replication shall be accompanied by affidavit of admission/denial in respect of the documents filed by the defendants, failing which the replication shall not be taken on record.
8. It is made clear that any unjustified denial of documents may lead to an order of costs against the concerned party.
9. Any party seeking inspection of documents may do so in accordance with the Delhi High Court (Original Side) Rules, 2018.
10. List before the learned Joint Registrar for completion of service, pleadings, admission/denial of documents and marking of exhibits on 24.10.2024.
11. List before Court on 13.12.2024.
I.A. 37177/2024 (filed by the plaintiffs under Order XXXIX Rule 1 & 2 read with Section 151 CPC)
12. The present suit has been filed by the plaintiffs seeking permanent injunction and recovery of damages of Rs. 4,00,00,000/- against the Signature Not Verified Digitally Signed By:NARENDRA SINGH CS(OS) 670/2024 Page 2 of 17 ASWAL Signing Date:30.08.2024 15:43:02 defendant no. 1 on account of alleged defamatory posts posted by the defendant no.1 on 'X' / defendant no.2.
13. It is the case of the plaintiffs and so contended by Mr. Dhruv Gupta, learned counsel appearing on behalf of plaintiffs that plaintiff no. 1 M/s Gamut Buildcon Private Limited, is a reputed Engineering, Procurement and Construction (EPC) company incorporated under the Companies Act, 1956 having its registered office at B-26, Ambedkar Colony, Chattarpur, Delhi 110074,and is engaged, inter alia, in the business of construction, housing, project management consultancy and offers turnkey solutions to its clients, with a strong clientele across National Capital Region. The plaintiff no. 2 is the Director and Authorized Representative of the plaintiff no.1 and has been authorized to file the present suit against the defendants vide Board Resolution passed by the plaintiff no. 1 in his favour.
14. He submits that the plaintiff no.1 has completed more than 700 projects and has various ongoing projects for multiple renowned corporate entities of the country, with a team of more than 250 employees. The plaintiff no. 1 is an ISO certified company having a sterling reputation across industry for developing high quality projects across the country and has even worked with public sector undertakings like National Buildings Construction Corporation (India) Limited ('NBCC') and has carried out work at Dwarka & Greater Noida. The plaintiff no. 2 (formerly known as Muhammad Nazmul Maula) is the Founder and Director of the plaintiff no. 1 company, who had incorporated the said company in the year 2013, and has more than 25 years of experience in the niche of construction and real estate development. The Signature Not Verified Digitally Signed By:NARENDRA SINGH CS(OS) 670/2024 Page 3 of 17 ASWAL Signing Date:30.08.2024 15:43:02 plaintiff no. 2 is an Indian national, who hails from Katihar, Bihar.
15. He further submits that the plaintiff no. 2 as per his ITR Acknowledgement for FY 2020-21 (AY 2021-22) had paid tax of Rs.6,91,956/-. As per his ITR Acknowledgement for FY 2021-22(AY 2022-23), the plaintiff no.2 had paid tax of Rs.13,11,180/- and as per his ITR Acknowledgement for FY 2022-23 (AY 2023-24), he had paid tax of Rs.12,52,633/-.
16. Mr. Gupta submits that the defendant no. 1 is an Advocate, currently enrolled with the Bar Council of Delhi, having his enrolment no. D/4391/2018, and claims to be currently practicing before the High Court of Delhi. The defendant no.1 operates an 'X' account by the name of "Atul Verma" bearing username"@advatulverma".
17. He submits that the defendant no. 1 joined the plaintiffs as in house counsel with a clear understanding that he would not engage in any other assessment / work / case related to plaintiffs and would work exclusively for the plaintiffs during the course of his employment. However, in the year 2023 it transpired that the defendant no. 1, in blatant violation of the contractual terms was doing private legal practice and taking independent matters without any intimation to and permission from the plaintiffs. Besides that, the defendant no. 1 got involved in the various other illegal acts which were extremely detrimental to the interest of the plaintiffs. This led the plaintiffs to terminate the services of the defendant no. 1. Sequel to this, the plaintiffs requested the defendant no. 1 to permanently delete all the data in his possession and hand over all case files and documents of the company which Signature Not Verified Digitally Signed By:NARENDRA SINGH CS(OS) 670/2024 Page 4 of 17 ASWAL Signing Date:30.08.2024 15:43:02 were entrusted to him, but the defendant no. 1 ignored all the said requests and illegally withheld the substantive information and data of the plaintiffs.
18. Mr. Gupta submits that thereafter the defendant no.1 started threatening the plaintiffs with serious consequences and even demanded an amount of Rs. 5 crores from the plaintiffs, which demand was thereafter changed to a demand that an office basement in Greater Kailash-II be purchased for him by the plaintiffs. Though, initially an amount of Rs. 2 Lakhs was paid by the plaintiff no. 2 as a token money for the purchase of basement at S-472 G.K.-II, New Delhi but subsequently the plaintiff no. 2 refused to pay further money to the defendant no. 1.
19. Mr. Gupta further submits that in order to stop the plaintiff no. 2 from availing his legal remedies, the defendant no. 1 filed an absolutely false and malicious police complaint dated 17.04.2024 before the SHO, New Friends Colony Police Station, Delhi against the plaintiff no. 2, his wife Smt. Gulrej Begum, his son Sh. Umar Farooq and his relative Sh. Javed Khan levelling, inter-alia, false allegation of them being illegal Bangladeshi migrants and allegedly sheltering several illegal Bangladeshi and other trans-border migrants, of bribing police officials for alleged illegal works, of flouting labour laws, of running the business of civil construction illegally and using cash as means to allegedly evade taxes, along with multiple other false and defamatory allegations, despite being fully aware that all such allegations were absolutely false, devoid of any merit, and motivated.
20. It is his submission that since the plaintiffs were not succumbing to the illegal demands of the defendant no. 1, the defendant no. 1 sent an absolutely Signature Not Verified Digitally Signed By:NARENDRA SINGH CS(OS) 670/2024 Page 5 of 17 ASWAL Signing Date:30.08.2024 15:43:02 derogatory, false and erroneous e-mail dated 02.05.2024 to multiple important clients of the plaintiffs like Mankind Pharma, Metro Hospitals BDR Buildcon, Aarcon Builders, Aamor Inox, etc. inter-alia, levelling various mendacious and defamatory allegations against the plaintiffs including reiteration of false allegation of plaintiff no. 2 being an illegal Bangladeshi migrant and has allegedly sheltered several other illegal Bangladeshi migrants. The defendant no.1further alleged that the plaintiff no. 2 had obtained Aadhaar card, PAN card and passport illegally and is allegedly funded by Bangladeshi organizations; that the plaintiff no. 2 is a hardcore criminal and fundamentalist and that the plaintiff no. 2 is allegedly abusing and sexually harassing his house staff members. The said email was later forwarded to the plaintiff no. 1 by few of his clients including M/s CitySpace'82 Architexts, M/s Mankind Pharma Ltd. and M/s Delhi Gujarat Fleet Carriers Pvt. Ltd.
21. Mr. Gupta submits that the defendant no. 1 did not stop there and started sharing a series of fallacious, defamatory, derogatory, vilifying and calumnious posts from his X account operated on the platform of the defendant no.2, by tagging various government officials, ministers, investigating agencies like NIA & EOW, etc, alleging plaintiff no. 2 to be an illegal Bangladeshi migrant who is allegedly sheltering hundreds of other illegal Bangladeshi migrants. In one such post dated 15.06.2024, the defendant no. 1 also tagged a client/customer of the plaintiffs viz. M/s Mankind Pharma Ltd. on the platform of defendant no.2, wherein defendant no. 1 made unwarranted and defamatory allegations against them for doing Signature Not Verified Digitally Signed By:NARENDRA SINGH CS(OS) 670/2024 Page 6 of 17 ASWAL Signing Date:30.08.2024 15:43:02 business with plaintiffs particularly mentioning the projects at SP-I-3, RIICO Industrial Area, Village Kaladwas, Tehsil-Girwa Dakan, Udaipur and another project, thereby maliciously imputing mala fide and illegal motives to Mankind Pharma and to plaintiffs, in order to dissuade Mankind Pharma to work with plaintiffs.
22. He submits that post the publication of defamatory posts on 'X', between 06.05.2024 to 15.06.2024, the plaintiffs were contacted by a large number of people including their business partners, present and past employees, vendors, contractors, existing clients, etc, questioning their character, integrity and financial dealings, and thus, in the estimation of such people, the reputation of the plaintiffs and its stakeholders have suffered serious irreparable damage.
23. He submits that by posting the defamatory posts, the defendant no. 1 who has more than 1500 followers and are increasing day by day, has spread an absolutely false propaganda amongst masses and put plaintiffs into a state of immense disrepute, embarrassment and humiliation. Such posts have not only caused immense harm to the business potential, credibility, trustworthiness and goodwill of the plaintiffs but have also exposed the plaintiff no. 2 and his family members to the risk of public hatred.
24. He submits that on 02.07.2024, the plaintiffs sent a legal notice dated 02.07.2024 to the defendants via speed post, email and WhatsApp and called upon the defendant no.1 to, inter alia, cease and desist from posting/spreading concocted, unsubstantiated and defamatory allegations against the plaintiffs. However, on 10.07.2024, the defendant no. 1 sent a reply to the Signature Not Verified Digitally Signed By:NARENDRA SINGH CS(OS) 670/2024 Page 7 of 17 ASWAL Signing Date:30.08.2024 15:43:02 aforementioned Legal Notice dated 02.07.2024 of the plaintiffs, wherein the defendant no.1 again levelled various false, defamatory, concocted and motivated allegations against the plaintiffs like that of the plaintiff no. 2 being an illegal Bangladeshi migrant; money laundering, bribery, etc. He submits that the defendant no. 1 did not even deny making defamatory posts against the plaintiffs on 'X' and had rather given justification for posting the same.
25. Therefore, he submits that the illegal acts of the defendant no.1 have caused irreparable loss of reputation to the plaintiffs and have unimaginably lowered the image of the plaintiffs among their peers and the people. The unabated act of publishing the defamatory material has resulted in huge loss and damage to the plaintiffs.
26. As such, prayer has been made inter alia that defendant nos. 1 and 2 be directed to take down / delete all the defamatory posts and that defendant no. 1 be restrained from publishing / posting any other false or defamatory allegations against the plaintiffs in future until the pendency of the suit. ANALYSIS
27. A short question that needs to be considered at this stage is that whether the posts made by the defendant no. 1 on 'X' against the plaintiffs are per se defamatory and the allegations have been made therein recklessly without regard to the truth to malign their reputation, warranting passing of an ad interim injunction against the defendant no.1 or not.
28. A perusal of posts dated 06.05.2024, 07.05.2024, 06.06.2024, 07.06.2024, 08.06.2024, 09.06.2024, 12.06.2024, 13.06.2024, 14.06.2024 Signature Not Verified Digitally Signed By:NARENDRA SINGH CS(OS) 670/2024 Page 8 of 17 ASWAL Signing Date:30.08.2024 15:43:02 and 15.06.2024 reveals that the following allegations have been made against the plaintiffs:
S.No. Post date Allegations
1. 06.05.2024 posted "Gundagardi of illegal Bangladeshi in Delhi who at 01:05 PM changed his name from Muhammad Nazrul Maula to Mohd Bablu. After forging documents, he made Adhar Card, Passport.
By pumped funds from Bangladesh, he has setup a Gamut Buildcon Pvt Ltd and provide safe house to illegal foreigners."
2. 06.05.2024 posted "Sir @narendramodi illegal Bangladeshi's become a at 01:30 PM serious threat for country and committing crime on local citizens. After giving detailed complaint agencies are doing nothing.
@DCPSouthDelhi @NIA_India @AmitShahOfjice [pictures}"
3. 06.05.2024 posted "@ajeetbharti"
at 02:08 PM
4. 06.05.2024 posted "@PrabhuChawla at 02:08 PM @anjanaomkashyap @saurabhtop @sardesairajdeep @ajeetbharti @RubikaLiyaquat Please see crime committed by illegal Bangladeshi on citizens of this country."
5. 06.05.2024 "@amitmalviya @BJP4Delhi @SudhanshuTrived Please see how illegally Bangladeshi's are committing crime on citizens. More than 5 FIR are registered against him. From pumped funds from Bangladesh he has established a civil construction company where provides safe house to foreigner"
6. 07.05.2024 posted "@nmfnewsofficial at 04:23 PM Please see what illegal Bangladeshi's are doing in the Signature Not Verified Digitally Signed By:NARENDRA SINGH CS(OS) 670/2024 Page 9 of 17 ASWAL Signing Date:30.08.2024 15:43:02 S.No. Post date Allegations country. "
7. 06.06.2024 posted " 1. When he came to India after crossing border illegally, at 5 PM his name was Muhammad Nazmul Maula. He purchased a lot of property in Katihar, Bihar on the name of Muhammad Nazmul Maula by pumped funds from anti India foreign organisations.
[Pictures]"
8. 06.06.2024 posted "2. Later on, in 2012, with larger conspiracy, he changed at 05:03 PM his name to Mohd. Bablu and by pumped funds from anti India foreign organisations, he set-up Gamut Buildcon Pvt Ltd, which has main objective to provide safe houses and shelters to sleeper cells of anti India foreign organisations."
9. 06.05.2024 posted "3. Muhammad Nazmul Maula, deals 40% in cash, which at 05:14 PM is being paid to anti India maulanas, sleeper cells of foreign jihadi and terrorist organisations. He is a serious threat to the country.
He has made Indian passports after forging documents. I have a lot of documents to establish the same. Hehas links with anti Indian organisations setup in Bangladesh,
10. 06.06.2024 posted "4. This illegal Bangladeshi who changed his name, took at 05:20 PM Indian passport illegally after misrepresentation, helping foreign organisations and sleeper cells involved against anti India activities.
@NIA_India @AmitShahOffice @EOWDelhi read the thread and give me opportunity to give further informations and details by appearing personally before you. "
11. 07.06.2024 posted "When he came to India after crossing border illegally, at 11:05 AM his name was Muhammad Nazmul Maula. Later he changed name to Mohd Bablu illegally and made Adhar and passport after misrepresentation, and setup Gamut Buildcon Pvt Ltd and providing safe houses and shelters to sleeper cells in Delhi NCR. "
12. 08.06.2024 posted "There is one illegal Bangladeshi Muhammad Nazmul at 01:11 PM Maula in Delhi, who is doing the same and deceiving government, he changed his name to Mohd. Bablu to hide his terrorist identity. He is illegal Bangladeshi and Signature Not Verified Digitally Signed By:NARENDRA SINGH CS(OS) 670/2024 Page 10 of 17 ASWAL Signing Date:30.08.2024 15:43:02 S.No. Post date Allegations sleeper cell, providing safe houses to other sleeper cells at his construction sites. From foreign funding he made Gamut Buildcon Pvt Ltd and providing assistance to sleeper cells. He is the key player and main person of terrorist organisation for providing safe house in Delhi NCR at his construction sites.
Question 1. How he can enter into India illegally? Q 2. Why he changed his name from Muhammad Nazmul Maula to Mohd. Bablu?
Q 3. How he can make Adhar Card and Passport?
Q 4. How he can make Gamut Buildcon Pvt Ltd and give shelters to illegal Bangladeshi sleeper cell at his construction site?
Q 5. Who funded him from other side of boundary? Q 6. MP from Katihar has personal relationship with this illegal Bangladeshi and his gang. These illegal Bangladeshi are termite and serious threat for country.
@NIA_India @EOWDelhi [retweet]"
13. 08.06.2024 posted "There is one illegal Bangladeshi Muhammad Nazmul at 01:14 PM Maula in Delhi, who is anti national activities and deceiving government, he changed his name to Mohd. Bablu to hide his terrorist identity. He is illegal Bangladeshi and a sleeper cell, providing safe houses to other sleeper cells at his construction sites. From foreign funding he made Gamut Buildcon Pvt Ltd and providing assistance to sleeper cells. He is the key player and main person of terrorist organisation for providing safe houses in Delhi NCR at his construction sites. Question 1. How he can enter into India illegally? Q2. Why he changed his name from Muhammad Nazmul Maula to Mohd. Bablu?
Q 3. How he can make Adhar Card and Passport?
Q 4. How he can make Gamut Buildcon Pvt Ltd and give shelters to illegal Bangladeshi sleeper cell at his construction site?
Q 5. Who funded him from other side of boundary? Q 6. MP from Katihar has personal relationship with this illegal Bangladeshi and his gang. These illegal Signature Not Verified Digitally Signed By:NARENDRA SINGH CS(OS) 670/2024 Page 11 of 17 ASWAL Signing Date:30.08.2024 15:43:02 S.No. Post date Allegations Bangladeshi are termite and serious threat for country. @NIAJndia @E0WDelhi"
14. 09.06.2024 posted "Gamut Sui/dean has turn over in balance sheet 173 at 10:30 AM Crore and 195 Crore in 2022- 23 and 2023-2024 respectively. Apart from this, he is receiving 150 Crore in cash per year. So actual turn over crosses 340Crore in a fiscal year.
Every month Bangladeshi sleeper cell working as labours are being paid in cash (3-4crore). Brick, rodi dust are being purchased in cash.
In construction field, 70% is material and30% is labour payment, check his record, it will not match, since cash collection is spent in cash payment. Some part of cash collection is also being paid to maulanas and foreign organisations in cash in Delhi. I have a lot of information to establish this. This illegal Bangladeshi sleeper cell is a threat to country. Please look.
@EDWDelhi @NIA India."
15. 09.06.2024 posted "For example, Muhammad Nazmul Maula and Gamut at 10:36 AM Buildcon has constructed a building worth 80 crore in RIICO, Udaipur, Rajasthan. All Bangladeshi sleeper cells were paid through cash payment, check his labour payment record. I will provide full details. His cash receiving and cash payments are utilised to fund, give shelter and provide safe houses to sleeper cells of illegal Bangladeshi. I have more to tell.
@NIA_India @EOWDelhi"
16. 12.06.2024 posted "I have given complaint to @EOWDelhi and @NIA_India at 06:07 PM against Muhammad Nazmul Maula, a illegal Bangladeshi sleeper cell who has been installed in Delhi NCR by foreign based terrorist organisation and from foreign funding he has established 350 Crore (a/c 193 Crore plus 130-140 crore in cash)construction company where he provides safe houses to other sleeper cells. he has also obtained forged documents like Adhar, PAN and Passport, as well as voted in Lok Sabha elections. But no action till date, when have too much information and documents. "
Signature Not Verified Digitally Signed By:NARENDRA SINGH CS(OS) 670/2024 Page 12 of 17 ASWAL Signing Date:30.08.2024 15:43:02S.No. Post date Allegations
17. 13.06.2024 posted "@mssirsa please look into this, this illegal sleeper cell at 12:29 PM terrorist Bangladeshi Mahd Bablu has changed his name from Muhammad Nazmul Maula. He is at hreat to the country.
Please read the thread. "
18. 14.06.2024 at "1 know one, There is one illegal Bangladeshi sleeper cell 12:21 PM Muhammad Nazmul Maula in Delhi, who is involved in antinational activities and deceiving government, he changed his name to Mohd. Bablu to hide his terrorist identity. He is providing safe houses to other sleeper cells at his construction sites. From foreign funding he made Gamut Buildcon Pvt Ltd and providing assistance to sleeper cells in Delhi NCR. He is the key player and main person of terrorist organisation for providing safe houses in Delhi NCR at his construction sites.
Question 1. How he entered into India illegally? Q 2. Why he changed his name from Muhammad Nazmul Maula to Mohd. Bablu?
Q 3. How he made Adhar Card and Passport of India. Q 4.How he can make Gamut Buildcon Pvt Ltd from foreign funding and give shelters to illegal Bangladeshi sleeper cell at his construction site?
Q 5. Who funded him from other side of boundary? Q 6 MP from Katihar has personal relationship with this illegal Bangladeshi and his gang. These illegal Bangladeshi are termite and serious threat for country. @NIA_India @EOWDelhi @CellDelhi @AmitShahOffice @narendramodi @mssirsa I have a lot and more information and documents, I have documents to show that he dealing in cash 130-140Crores every year, which is going to fund sleeper cells and various maulanas. Ultimately used against India. I have given 28 page complaint to @NIA_India and @EOWDelhi describing each and everything, but even after 60 days, no Signature Not Verified Digitally Signed By:NARENDRA SINGH CS(OS) 670/2024 Page 13 of 17 ASWAL Signing Date:30.08.2024 15:43:02 S.No. Post date Allegations action taken. They are in deep slumber, waiting for Bomb blast by these sleeper cells. Give me some time in your office, I will explain everything. wanted to become a spy since childhood, but I was not selected by agencies. But my interest did not go. I get these information after hard work of 5 years. "
19. 15.06.2024 posted "Mankind Pharma Ltd has given 4 construction contracts at 10:51 AM of approx Rs.80 Cr for its factory to a illegal Bangladeshi i.e. Muhammad Nazmul Maula (who changed his name to Mohd Bablu to cheat government agencies and citizens) for construction at SP-I-3, RIICD Industrial Area, Village Kaladwas, Tehsil-Girwa Dakan,Udaipur-3I3003. This illegal Bangladeshi sleeper cell mobilised its other illegal Bangladeshi to said construction site. Gamut Buildcon P Ltd and Muhammad Nazmul Maula paid approx Rs24 Crore in cash to all the Bangladeshi worker. No HR Compliance was done, since it was constructed by illegal Bangladeshi's. Muhammad Nazmul Maula has shared his office staff PF Payment (70-80) to Mankind Pharma and same was shared to Dev Bhumi Agri. Mankind Pharma Ltd is promoting illegal Bangladeshi. After this contract they have given various others contracts to this illegal Bangladeshi sleeper cell. Money paid by Mankind Pharma Ltd to Muhammad Nazmul Maula is used against India and funding illegal Bangladeshi's in India. Country wants to know from Mankind Pharma why you are supporting illegal Bangladeshi and promoting anti-national activities by supporting these sleeper cell illegal Bangladeshi. You can sue me for defamation, but my facts are totally correct.
@Pharma_Mankind #MankindPharmaSuppo rtingIllegalBanglades hi #MankindPharma"
20. 15.06.2024 posted "@Pharma_Mankind at 11:15 AM and its directors further given Contract to this illegal Bangladeshi Muhammad Nazmul Maula for construction of residential building at Radhe Mohan Drive, Delhi, for worth of Rs.35 Crores.
Signature Not Verified Digitally Signed By:NARENDRA SINGH CS(OS) 670/2024 Page 14 of 17 ASWAL Signing Date:30.08.2024 15:43:02S.No. Post date Allegations Again this illegal Bangladeshi and sleeper cell constructed this building and no HR Complaince was done, since constructed by illegal Bangladeshi, Muhammad Nazmul Maula and Gamut Buildcon paid Bangladeshi's through cash.
This is the modus operandi of this illegal Bangladeshi, he used to provide safe house and shelters at construction site and this is a win win situation for illegal Bangladeshi's sleeper cell.
Again you are at liberty to sue me, but my facts are correct. We also want to know the trick of availing sanction plan from MCD on agricultural land? "
29. Having gone through the allegations made in the aforesaid posts, which largely allege plaintiff no.2 to be 'Illegal Bangladeshi' and who 'provides safe house to foreigners and shelters to Anti-India foreign organizations' that too in absence of any material whatsoever to support such allegations, this Court is prima facie of the view that the insinuations made against the plaintiffs in the aforesaid posts are unsubstantiated and made in a reckless manner without regard to the truth and thus are per se defamatory. It appears that such allegations have been made against the plaintiffs in order to malign their reputation before the public at large. Thus, in the absence of any evidence to justify the allegations made in these posts by the defendant no. 1, the plaintiffs have made out a prima facie case for grant of ad interim order of injunction against the defendant no. 1. The balance of convenience is also in favour of the plaintiffs. I am satisfied that the plaintiffs would suffer an irreparable loss and injury, if an ad interim order of injunction against the defendant no. 1 is not granted.Signature Not Verified Digitally Signed By:NARENDRA SINGH CS(OS) 670/2024 Page 15 of 17 ASWAL Signing Date:30.08.2024 15:43:02
30. It is trite law that in appropriate cases where the court is of the view that statements are unsubstantiated and have been made in a reckless manner without regard to the truth, in order to cause injury to the reputation of the plaintiff, the court would be justified in granting an interim injunction.1
31. In view of the above discussion, an ad interim order is passed directing the defendant no. 1 to take down / remove / restrict access / block the below mentioned URLs of the posts uploaded on 'X' which contain defamatory statements against the plaintiffs within a period of two weeks:
a) https://x.com/advatulverma/status/1787385741410206009
b) https://x.com/advatulverma/status/1787392092529905783?t =Qm6zYP-4fVq01MLzrOphAw&s=08
c) https://x.com/advatulverma/status/1789395550675112330
d) https://x.com/advatulverma/status/1787401426647634277
e) https://x.com/advatulverma/status/1787407210223477060
f) https://x.com/advatulverma/status/1787797910278861013
g) https://x.com/advatulverma/status/1798678788475424829
h) https://x.com/advatulverma/status/1798679684756160760
i) https://x.com/advatulverma/status/179868240067284602?t= 4XbrKWYPCLAkVRFz2kFxSQ&s=08
j) https://x.com/advatulverma/status/1798683936006279525
k) https://x.com/advatulverma/status/1798952014254067824?t =yG0p1K2nNdSER-TWz9S-Q&s=08
l) https://x.com/advatulverma/status/1799346119413260404?t =O16r_gWTVv1fM7BHG3bhIQ&s=08
m) https://x.com/advatulverma/status/1799346692606853164?t =bvpR4kiZyVy-rDfxiG8zg&s=08
n) https://x.com/advatulverma/status/1799667929950155046
o) https://x.com/advatulverma/status/1799669359453045071
p) https://x.com/advatulverma/status/1800869945565380944?t =DLHXsQ7TspKs021Pocmhhg&s=08 1 Vinai Kumar Saxena vs. Aam Aadmi Party, (2022) 5 HCC (Del) 662.Signature Not Verified Digitally Signed By:NARENDRA SINGH CS(OS) 670/2024 Page 16 of 17 ASWAL Signing Date:30.08.2024 15:43:02
q) https://x.com/advatulverma/status/1801147464453701784
r) https://x.com/advatulverma/status/1801507615576563732?t =Ho9uv61vti5uhBy5n_XV-w&s=08
s) https://x.com/advatulverma/status/1801847437717606628?t =PICfFaSZ3uIP0dtz8EfzOg&s=08
t) https://x.com/advatulverma/status/1801853546410782927
32. In the event the defendant no. 1 fails to take down / remove / restrict access / block the aforementioned URLs within the period of two weeks, the plaintiffs shall be at liberty to approach and request the defendant no. 2 / 'X' and, the latter, in that eventuality, shall take down the said URLs, within a period of 36 hours of such request.
33. Granting of other reliefs as sought by the plaintiffs in this application will be considered on the next date of hearing after completion of pleadings.
34. Compliance of Order XXXIX Rule 3 CPC be made within two weeks.
An affidavit of compliance may be filed within three days thereafter.
35. Needless to say, that the observations made herein are prima facie for the consideration of ad-interim relief under Order XXXIX Rules 1 & 2 CPC by the plaintiffs.
36. List before the learned Joint Registrar for completion of service and pleadings on 24.10.2024.
37. List before the Court on 13.12.2024.
VIKAS MAHAJAN, J AUGUST 23, 2024 N.S. ASWAL Signature Not Verified Digitally Signed By:NARENDRA SINGH CS(OS) 670/2024 Page 17 of 17 ASWAL Signing Date:30.08.2024 15:43:02