Delhi High Court - Orders
Abhishek Verma & Anr vs Vikki Choudhry & Ors on 2 February, 2022
Author: Asha Menon
Bench: Asha Menon
$~7
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CS(OS) 59/2022
ABHISHEK VERMA & ANR. ..... Plaintiffs
Through Mr. Maninder Singh, Sr. Adv. with
Mr. Dinhar Takiar, Mr. Uday Bedi,
Mr. Jaitegan Singh Kurana, Advs.
Versus
VIKKI CHOUDHRY & ORS. ..... Defendants
Through: None.
CORAM:
HON'BLE MS. JUSTICE ASHA MENON
ORDER
% 02.02.2022
[VIA VIDEO CONFERENCING]
I.A. Nos.1745/2022 & 1746/2022 (both for exemption)
1. Allowed, subject to all just exceptions.
2. The applications stand disposed of.
CS(OS) 59/2022 & I.A. 1744/2022 (of plaintiffs u/O XXXIX R-1&2 CPC for interim orders)
3. The plaint be registered as a suit.
4. This suit has been filed by the plaintiffs for damages, permanent and mandatory injunction against the defendants.
5. Issue summons in the suit and notice in the application to the defendants by all permissible modes, returnable before the Joint Registrar.
6. The summons shall indicate that the written statement(s) to the suit and reply(ies) to the application be filed by the defendants within thirty days CS(OS) 59/2022 Page 1 of 10 Signature Not Verified Signed By:MANJEET KAUR Signing Date:03.02.2022 22:16:35 from the date of receipt of the summons. The defendants shall also file the affidavit of admission/denial of the documents filed by the plaintiffs, failing which the written statement(s) shall not be taken on record.
7. The plaintiffs are at liberty to file replication(s) to the written statement(s) and rejoinder(s) to the reply(ies) filed by the defendants within thirty days following the filing of the written statement(s)/reply(ies). The replication(s) shall be accompanied by the affidavit of admission/denial in respect of the documents filed by the defendants, failing which the replication(s) shall not be taken on record.
8. If any of the parties wish to seek inspection of any documents, the same shall be sought and given within the time lines.
9. Mr. Maninder Singh, learned senior counsel for the plaintiffs submitted that the plaintiffs are persons well established in society. The plaintiff No.1 belongs to a family that has great political standing. Plaintiff No.2 is also a very successful businesswoman, and public personality. It is submitted that though the plaintiff No.1 had been arrayed as an accused by the Central Bureau of Investigation (CBI) in cases relating to the Official Secrets Act, 1923, however in none of the cases has the plaintiff No.1 been convicted, but rather, in one case, there has been a discharge and in two other cases, there has been acquittals. It is explained that though there are other civil litigations pending against the plaintiffs, in not even one has there been an observation of the court, that the plaintiffs were bankrupt or unable to even pay for the rent of the premises in which they were residing.
10. It is further submitted that in accordance with the directions of the High Court of Delhi, the statements of the plaintiff No.1 through the Lie CS(OS) 59/2022 Page 2 of 10 Signature Not Verified Signed By:MANJEET KAUR Signing Date:03.02.2022 22:16:35 Detector Test had been recorded in 2019, in respect of the 1984 Riots, and accusations against Sh. Jagdish Tytler. It is the submission of the learned senior counsel for the plaintiffs that thereafter, a slanderous campaign has been started by the defendants No.1&2 against the plaintiffs in order to destroy their credibility. It is further stated that the defendants, by tweeting falsehoods and describing the plaintiff No.1 as a "blackmailer" and "career criminal" among other epithets, have actually caused losses to the plaintiffs, as one Mr. Simon Normantas had cancelled business negotiations with the companies of the plaintiffs namely, M/s. Olialia World Private Limited, M/s. Olialia Tobacco Private Limited, M/s. Olialia Pan Masala Private Limited and M/s. Olialia India Private Limited, precisely on account of the defamatory LinkedIn post which was tagged to Mr. Simon Normantas.
11. That apart, the defendants No.1&2 had continuously tagged very high functionaries including the Home Minister of the country, who have large number of followers on Twitter and LinkedIn, with their defamatory tweets and posts to ensure that these defamatory materials, would gain large viewership and traction. It was further submitted that by using hashtags such as #conman, #blackmailer, #bankrupt, #insufficientfunds, #billionaire?? Etc., the defendants No.1&2 were ensuring that any mention of these words would throw up the name of the plaintiff No.1, as if he was a conman or a blackmailer or a criminal. These actions were per se defamatory.
12. The learned senior counsel for the plaintiffs also submitted that the repeated complaints to Twitter to block these defamatory tweets have elicited no response at all, except for an advisory to the plaintiffs that they could block the defendants No.1&2, ignoring the injury being caused to the CS(OS) 59/2022 Page 3 of 10 Signature Not Verified Signed By:MANJEET KAUR Signing Date:03.02.2022 22:16:35 plaintiffs through widespread dissemination of this kind of defamatory tweets across the world.
13. The learned senior counsel for the plaintiffs has further submitted that the defendant No.1, Vikki Choudhry had for this purpose also made a fake ID in the name of „Vikraant Choudhry‟. The tweets were uploaded describing him as Director of Credible Solutions Private Limited. The master data of the said company placed at page 46 (Document no. 18 of the Plaintiffs‟ Documents) shows that the Directors of the company are Mr. Vikky Choudhary and Mr. Sourabh Kumar Mishra as on 27th November, 2007 and Mr. Vikky Choudhary and Mr. Ankur Tyagi with effect from 1st August, 2011. Thus, it was clear that Vikki Choudhry and Vikraant Choudhry are one and the same person. It is submitted that the intended purpose of these tweets and posts was only to extort a settlement from the plaintiffs, as he has indulged in similar actions with Star Media and had invited an adverse observation from this court in the case of Star India Pvt. Ltd. v. State (NCT of Delhi), 2018 SCC OnLine Del 10489.
14. The learned senior counsel also pointed out to an article by the defendant No.1 on LinkedIn making wild accusations against the plaintiff No.1, including that his cheques were bouncing, though it was completely untrue and that fake paintings had been seized by the Enforcement Directorate, whereas the paintings seized were those of the renowned painter, M.F. Husain, worth about Rs.25 crores. Thus, willfully, the defendants No.1&2 have stated false facts in their post and tweets. There could be no right to free speech to entitle the defendants No.1&2 to make such statements that would irreparably ruin the reputation of the plaintiffs.
CS(OS) 59/2022 Page 4 of 10 Signature Not Verified Signed By:MANJEET KAUR Signing Date:03.02.2022 22:16:35Relying on the judgments in T.V. Today Network Limited Vs. COGNATE and Others 2021 SCC OnLine Del 3244, Lakshmi Murdeshwar Puri Vs. Saket Gokhale 2021 SCC OnLine Del 3675, order dated 23rd November, 2020 in CS(COMM) 515/2020 titled Karan Bajaj & Anr. Vs. Pradeep Poonia, order dated 27th November, 2020 in CS(COMM) 518/2020 titled Whitehat Education Technology Pvt. Ltd. Vs. Aniruddha Malpani, Patanjali Ayurved Ltd. & Anr. Vs. Meera Singh & Ors. 2018 SCC OnLine Del 10543, Rehan Yar Khan Vs. WWW.The-Ken.Com. & Ors. 2017 SCC OnLine Bom 2583, Swatanter Kumar Vs. The Indian Express Limited and Others 2014 SCC OnLine Del 210, Titagarh Wagons Limited Vs. Suresh Tripathi & Anr. 2013 SCC OnLine Cal 17104, Vyakti Vikas Kendra, India Public Charitable Trust thr Trustee Mahesh Gupta & Ors. Vs. Jitender Bagga & Anr. 2012 SCC OnLine Del 2710 and Bata India Ltd. Vs. A.M. Turaz & Ors. 2012 SCC OnLine Del 5387, it was submitted that interim injunction be issued directing the defendants not to publish such derogatory and defamatory statements against the plaintiffs and to delete the defamatory post and URL:
"https:/www.linkedin.com/posts/vikraant-choudhry- 566b97151_olialia-world-founders-abhishek-verma-anca- activity-6715963286065688576--Wmm"
on LinkedIn dated 28th September, 2020 and also to delete the defamatory tweets and posts dated 16th November, 2021, 29th November, 2021, 1st December, 2021 and 25th December, 2021 and delete the defamatory posts on https://www.vikkichoudhry.in as well. Further direction is sought to the defendant Nos.3&4, that in the event the CS(OS) 59/2022 Page 5 of 10 Signature Not Verified Signed By:MANJEET KAUR Signing Date:03.02.2022 22:16:35 defendants No.1&2 failed to do so, they shall delete these tweets and posts immediately.
15. The relief claimed at this stage is when the defendants are yet to be served, and facts need to be scrutinized closely.
16. Though the defence raised by the defendants would in ordinary course be material in deciding whether directions for taking down the offending tweets and posts are to be considered, in cases where injury is clearly disclosed on account of the defendants‟ action, the court can grant immediate relief, on a prima facie view. In the present case, while the plaintiffs, in particular plaintiff No.1 has been described as a conman, blackmailer, career criminal, bankrupt and so on, what cannot be overlooked is the email sent by Mr. Simon Normantas cancelling the business dealings with the plaintiffs on account of the LinkedIn posts of the defendants, thus establishing an injury to them on account of the actions of the defendants.
17. The learned senior counsel for the plaintiffs has pointed out to the tweet at page 37 of the Plaintiffs‟ Documents where the following is recorded:
"Olialia World Olialia World Olialia World Founders #abhishekverma #ancamaria are #bankrupt as they are not even able to pay #rentals for the #property rented by them for own stay. However, they been claiming to be #millionaire #billionaires and #olialiaworlcl #olialia is launching #panmasala #cola and many other #fmcgproducts #fmcgs #airline #hospitality #fashion #financialservices #airports #realestatedeals #maldivesresorts etc. - #cheques issued by #abhishekverma #ancaverma have bounced for #insuffecientfunds"
and an order of the District and Sessions Judge, Saket, New Delhi has CS(OS) 59/2022 Page 6 of 10 Signature Not Verified Signed By:MANJEET KAUR Signing Date:03.02.2022 22:16:35 also been attached. The defendants No.1&2 have tagged everyone, including possible business associates, with whom the plaintiffs are involved in business ventures. Thus, it is motivated to adversely affect the plaintiffs‟ standing and credibility in business and trade circles.
18. Mr. Simon Normantas sent a Termination Letter on 4th October, 2020 that he did not wish to do business with a "bankrupt" person. In his email, he has also stated that though they had "spent over three years on the project", and he had spent his time and the plaintiff No.1 his money, what he had read about the plaintiffs on the LinkedIn post of Vikraant Choudhury that they are „bankrupt‟ and have been „evicted from your house of Olialia‟ has shaken his comfort zone about them, both personally and in regard to their brand Olialia. Thus, this is a clear consequence of the action of the defendants.
19. The subsequent tweets and posts dated 16th November 2021, 29th November, 2021, 23rd December, 2021 and 25th December, 2021 describing the plaintiffs as "broke" and unable to furnish bail, the plaintiff No.1 as a "conman on the loose" and tagging well-known publications and media persons and also sharing photographs, which according to the learned senior counsel for the plaintiffs were morphed, to show as if he is leading a "luxurious life" inside the Tihar Jail, cannot be considered inconsequential or intended to be so by the defendants. If one businessman could call off negotiations which were going on for three years only on account of the LinkedIn posts of the defendants, a similar impact can be expected, if these offending tweets and posts continue to remain on Twitter and LinkedIn. Unfortunately, despite the requirement of Twitter and LinkedIn to deal with these kinds of complaints, they seem to have been disinterested in resolving CS(OS) 59/2022 Page 7 of 10 Signature Not Verified Signed By:MANJEET KAUR Signing Date:03.02.2022 22:16:35 the issues.
20. In these circumstances, as the plaintiffs have disclosed a prima facie case and it is their business reputation that is at stake and harm has already been caused to them, this Court is also satisfied that the balance of convenience tilts in the favour of the plaintiffs and an absence of interim directions would cause irreparable loss and injury to them.
21. Accordingly, the defendants No.1&2 are directed to forthwith take down the LinkedIn and Twitter tweets and posts dated 28th September, 2020, 16th November, 2021, 29th November, 2021, 1st December, 2021 and 25th December, 2021 within 24 hours of receipt of this order. In the event of the defendants failing to comply with the court‟s order, the defendants No.3&4 are directed to take down / block the posts and URLs viz.:
"Olialia World Founders #abhishekverma #ancamaria are #bankrupt as they are not even able to pay #rentals for the #property rented by them for own stay. However, they been claiming to be #millionaire #billionaires and #olialiaworld #olialia is launching #panmasala #cola and many other #fmcgproducts #fmcgs #airline #hospitality #fashion #financialservices #airports #realestatedeals #maldivesresorts etc. - #cheques issued by #abhishekverma #ancaverma have bounced for #insuflicientfunds Further a photograph is uploaded with the caption "Olialia World Founders Abhishek Verma and Anca are bankrupt"
"#Conman #SukeshChandrashelchar‟_s luxurious life inside #TiharJail 1 While some pics of another serial #Conman CS(OS) 59/2022 Page 8 of 10 Signature Not Verified Signed By:MANJEET KAUR Signing Date:03.02.2022 22:16:35 #AbhishekVerma in #TiharJail who nowadays claims to be a close confidant of @A1nitShah @HMOIndia & @KirenRijiju @BJP4India indiatoday. in/india/story.co via @indiatoday."
"These are also some of the #thinktanks behind @NPM_Magazine #NationalPoliticalMirror floated for some very obvious & dubious reasons by the infamous serial #conman #AbhishekVerma. (in picture) @SanjDeep7 @NayakLocanath @bhoopendraverm1 @MrinalPande] @PTC_Network @amitmalviya "
"How possibly can @PressCouncil_INalong with @MIB_India @MIB_Hindi @Gol_MeitY @HMOIndia Hon‟ble @ianuragthakur @Anurag_Ofifce„ , @AshwiniVaishnaw @AmitShah tasked with regulating #Media are allowing #BLACKMAILER #CAREERCRIMINAL to I publish @NPM_Magazine #NationalPoliticalMirror?
"Broke #AbhishekVerma, wife #AncaMaria can‟t pay for bail http://toi. in/0nuQ8Y/a24gk via @timesofindia@abhinavgargTOI"
"#BILLIONAIRE ?? We the people know #AncaVerma is a #Romanian #BusinessWoman & #Philanthropist. #AncaVerma‟s estimated #Networth is $4 - $6 million. (as per #wikipedia ) @TOIIndiaNews @abhinavgargTOI @PTI_News @IndiaToday @NPM_Magazine @SanjDeep7 @amitmalviya"
within 36 hours of the receipt of this order.
CS(OS) 59/2022 Page 9 of 10 Signature Not Verified Signed By:MANJEET KAUR Signing Date:03.02.2022 22:16:3522. Provisions of Order XXXIX Rule 3 CPC be complied with.
23. List before the Joint Registrar on 11th April, 2022 for completion of service and pleadings.
24. The order be uploaded on the website forthwith.
ASHA MENON, J.
FEBRUARY 2, 2022 „bs‟ CS(OS) 59/2022 Page 10 of 10 Signature Not Verified Signed By:MANJEET KAUR Signing Date:03.02.2022 22:16:35