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9. Mr.R.P.Appadurai, the Authorised Signatory of the petitioner Company has produced series of Whatsapp messages, Facebook Postings and Youtube comments, wherein it is claimed that the contemnor has made various statements against the petitioner and its founder. A perusal of those documents shows that the contemnor has sent various whatsapp messages to https://www.mhc.tn.gov.in/judis several people accusing the Doctors Associated with the Petitioner Company. He also sent extracts of certain provisions of the Consumer Protection Act and other enactments by whatsapp and he has circulated the same to several people. It appears that he has got a whatsapp group through which he has indulged in sustained maligning propaganda against the petitioner. It is also seen that he claims that all whatsapp numbers that are found in the group belonged to Doctors and Medical Representatives etc. He has also made complaints to various people that all advertisements of the Petitioner Company must be removed from the Web.
10. Even in Ex.P6, it is seen that the contemnor has made a vociferous attack on Dr.V.Mohan and his Associates. He had claimed that the Doctor is indulging in tax evasion and also giving misleading advertisements through Youtube etc. The contemnor claims himself to be a litigant, a scientist and a journalist. In his letter pad itself he has described himself as a scientist and a party-in-person litigant in the District Court from 2002 and in the High Court from 2019. He also claims to be a Newspaper Publisher. He has also posted messages on Facebook as well as https://www.mhc.tn.gov.in/judis Whatsapp claiming that Dr.Mohan had been giving various false and misleading advertisements in order to make more money and he has indulged in acts of forwarding the copies of this Contempt Petition to the Branches of the petitioner Company. Though Mr.R.P.Appadurai has deposed to the effect that the actions of the contemnor are in violation of the orders of this Court and the petitioner had been given an opportunity to cross-examine, the contemnor has not addressed his questions to the claim regarding contempt. He had complained of non-service of notice and he had claimed that he did not know about the order passed in the injunction application.
11. It is found from the records that the plaintiff on obtaining an order of injunction has communicated the order to the contemnor and has also filed an affidavit to that effect. The contemnor would however claim that the order of injunction was not served on him. The covering letter that was enclosed along with the affidavit filed under Order XXXIX Rule 3 of the Code of Civil Procedure discloses that the contemnor was informed of the order of injunction. Therefore, the claim that the contemnor was not aware https://www.mhc.tn.gov.in/judis of the order of injunction cannot be accepted. The only question that is to be addressed by the Court in this Contempt Petition is, as to whether, the Whatsapp messages, the Facebook postings and other letters written by the contemnor would be in violation of the order of injunction.
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13. All these things have been done by him after orders have been passed by this Court. These public chats would definitely amount to publication of these materials. Again an Ex.P11, we find that the contemnor has posted derogatory messages in Facebook, he had claimed that the Doctors attached to the petitioner Company having giving wrong treatment for Diabetes and therefore, their advertisements should be banned. He also accuses one Dr.Karthik Raghavan giving him wrong treatment and prescribing insulin for him. He claims that the associates of the applicant had attempted to give him wrong treatment for a non-existent diabetic condition. He has also forwarded certain messages even to the friends of the counsel for the petitioner. No doubt Ex.P14 which is an email letter addressed by the contemnor to the petitioner may not amount to publication of derogatory materials, I conclude that the conduct of the contemnor in putting up posts under Ex.P11 in the Facebook, putting up comments on Youtube in the interview of Dr.Mohan was going on under the public chat system and sending whatsapp messages to the counsel and posting in big whatsapp groups would definitely amount to publication of derogatory https://www.mhc.tn.gov.in/judis material against the petitioner herein.