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Delhi High Court - Orders

Facebook, Inc vs Swami Ramdev & Ors on 21 March, 2022

Author: Rajiv Shakdher

Bench: Rajiv Shakdher, Jasmeet Singh

                           $~38 to 40
                           *    IN THE HIGH COURT OF DELHI AT NEW DELHI
                           +    FAO(OS) 212/2019 & CM No.47224/2019
                                FACEBOOK, INC.                                 ..... Appellant
                                             Through         Mr Kapil Sibal, Sr Advocate with Mr
                                                             Mukul Rohatgi, Sr Advoate, Mr
                                                             Parag P Tripathi, Sr Advocate, Mr
                                                             Tejas Karia, Mr Gauhar Mirza, Mr
                                                             Varun Pathak, Mr Shyamal Anand,
                                                             Mr Thejesh Rajendran and Mr
                                                             Vishesh Sharma, Advocates.
                                            versus
                                SWAMI RAMDEV & ORS                         ..... Respondents
                                            Through      Mr Dayan Krishnan, Sr Advocate
                                                         with Ms Rhea Dube and Mr Sanjeevi
                                                         Seshadri, Advocates.
                           +    FAO(OS) 222/2019 & CM No.49085/2019
                                GOOGLE LLC                                    ..... Appellant
                                                   Through   Mr Gopal Subramanium, Sr Advocate
                                                             with Ms Mamta R Jha, Ms Shruttima
                                                             Ehessa, Mr Vatsalya Vishal and Ms
                                                             Riya Gupta, Advocates.
                                            versus
                                SWAMI RAMDEV & ORS                         ..... Respondents
                                            Through      Mr Dayan Krishnan, Sr Advocate
                                                         with Ms Rhea Dube and Mr Sanjeevi
                                                         Seshadri, Advocates.
                           +    FAO(OS) 223/2019 & CM No.49250/2019
                                TWITTER INTERNATIONAL COMANY                  ..... Appellant
                                             Through Mr Sajan Poovayya, Sr Advocate
                                                     with Mr Deepak Gogia and Mr Jithin
                                                     M George, Advocates.
                                             versus
                                SWAMI RAMDEV & ORS                     ..... Respondents
                                             Through Mr Dayan Krishnan, Sr Advocate
                                                     with Ms Rhea Dube and Mr Sanjeevi
                                                     Seshadri, Advocates.

Signature Not Verified          FAO(OS) 212/2019 AND CONN.                          1/3
Digitally Signed By:ATUL
JAIN
Signing Date:24.03.2022
11:46:48
                                   CORAM:
                                  HON'BLE MR JUSTICE RAJIV SHAKDHER
                                  HON'BLE MR JUSTICE JASMEET SINGH
                                          ORDER

% 21.03.2022 [Physical Court Hearing/Hybrid Hearing (as per request)] FAO(OS) 212/2019 & CM No.47224/2019 FAO(OS) 222/2019 & CM No.49085/2019 FAO(OS) 223/2019 & CM No.49250/2019[Applications filed on behalf of the appellants seeking interim relief]

1. These matters have been received on transfer.

2. Mr Dayan Krishnan, learned senior counsel, who appears on behalf of respondent nos.1 and 2 i.e., the contesting respondents, says that since these are appellate proceedings, a reply is not required to be filed, and, therefore, he would argue the matter, based on the record made available to the learned Single Judge.

2.1 The statement of Mr Krishnan is taken on record.

3. Counsel for the parties will file their written submissions not exceeding five pages each, at least three days before the next date of hearing.

4. The interim order dated 28.01.2020 will continue to operate during the pendency of appeals.

4.1. To be noted, the interim order dated 28.01.2020 is based on the statement made by the counsel for the respondents that no contempt proceedings will be initiated against the appellants.

5. List the above-captioned matters on 10.05.2022, at the end of board, in the category of "After Notice Miscellaneous Matters".

FAO(OS) 212/2019 AND CONN. 2/3 Signature Not Verified Digitally Signed By:ATUL JAIN Signing Date:24.03.2022 11:46:48

CM No.13623/2022 in FAO(OS) 223/2019

6. This is an application moved on behalf of the appellant. The substantive prayers made in the application are as follows:

"a) delete the name of the Appellant, Twitter International Company (now "Twitter International Unlimited Company"), from the array of parties in the present appeal;
(b) implead/substitute Twitter, Inc. as an Appellant in the present appeal;"

7. Issue notice.

7.1. Ms Rhea Dube accepts notice on behalf of respondent nos.1 and 2.

8. Mr Krishnan, on instructions, says that he has no objection to the prayers made in the application, being allowed. 8.1 It is ordered accordingly.

9. The counsel for the appellant will file an amended memo of parties, within the next ten days.

10. The application is disposed of in the aforementioned terms.

RAJIV SHAKDHER, J JASMEET SINGH, J MARCH 21, 2022/pmc Click here to check corrigendum, if any FAO(OS) 212/2019 AND CONN. 3/3 Signature Not Verified Digitally Signed By:ATUL JAIN Signing Date:24.03.2022 11:46:48