Delhi High Court - Orders
Patanjali Ayurved Limited & Anr vs Google Llc. & Ors on 19 February, 2019
Author: Prathiba M. Singh
Bench: Prathiba M. Singh
$~18
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CS (OS) 104/2019
PATANJALI AYURVED LIMITED & ANR. ..... Plaintiffs
Through: Mr. Darpan Wadhwa, Senior
Advocate with Mr. Simranjeet Singh,
Mr. Rohan Ahuja, Ms. Sonali Dhir
and Mr. Aadhar Nautiyal, Advocates.
(M:8826374673)
versus
GOOGLE LLC. & ORS. ..... Defendants
Through: None.
CORAM:
JUSTICE PRATHIBA M. SINGH
ORDER
% 19.02.2019 I.A. 2578/2019 (exemption)
1. This is an application seeking exemption from filing original documents. Recording the Plaintiffs' undertaking that the inspection of original documents shall be given, if demanded, or that the original documents shall be filed prior to the stage of admission/denial, the exemption is allowed. I.A. is disposed of.
I.A. 2579/2019 (court fee)
2. Court fee challan be deposited within one day and court fee stamp be deposited within one week from today. I.A. is disposed of. CS (OS) 104/2019 & I.A. 2577/2019 (u/O XXXIX Rules 1 & 2 CPC)
3. Plaint be registered as a suit.
4. Present suit has been filed by the Plaintiffs seeking an injunction restraining further broadcast of an offending video, which has been shown to the Court. The Court has viewed the video. The contents of the video show a person using extremely deprecating, threatening and defamatory language against the Plaintiff company and its promoter, Baba Ram Dev. The Plaintiffs have communicated with Google, Facebook & YouTube seeking them to take down the video. In their response, they have refused to take down the said video and have requested the Plaintiffs to avail its remedies in law. One such email, which is at page 25, written by Facebook on 6th February, 2019 clearly states that Facebook is not in a position to take action based on the defamation concerns.
5. Accordingly, issue summons in the suit and notice in the application to Google, Facebook & YouTube. Summons and notice be sent through email. Ld. counsel for the Plaintiffs is also permitted to serve the said three companies through their counsels, who have appeared in an earlier litigation for them in CS (OS) 27/2019.
6. List on 21st February, 2019. Copy of the order be given dasti under signature of the Court Master.
PRATHIBA M. SINGH, J.
FEBRUARY 19, 2019/dk