Breach of Undertaking: Delhi HC Orders Takedown of Article in Media Dispute

In a firm reminder of the sanctity of judicial undertakings, the Delhi High Court has directed Galaxy Zoom India Pvt Ltd to immediately remove a published article that reportedly violated a prior assurance given to the court. The order, passed by Justice Anish Dayal, underscores the judiciary's expectation of absolute compliance with statements made by parties during ongoing litigation.

The Backdrop: A 2023 Promise

The dispute involves News Laundry Media Pvt Ltd and Galaxy Zoom India Pvt Ltd . In the initial stages of the suit on July 6, 2023, counsel for the defendants had provided a clear, unequivocal statement on behalf of the company: they would refrain from publishing, commenting on, communicating about, or issuing any material—be it a video or an article—pertaining to the ongoing dispute until the next date of hearing.

The Breach of Silence

Despite this commitment to the court, the plaintiffs brought to the court's notice that in July 2024, the defendants had published an article targeting the plaintiffs’ programme, "Cutting South." The article reportedly contained allegations of corruption and accused the organizers of "distorting the map of India," directly defying the previous non-dissemination undertaking.

Court’s Intervention and Decision

Upon perusing the offending article, the Delhi High Court took a serious view of the violation. Justice Anish Dayal ordered the defendants to take down the specified material from their website immediately. Furthermore, the Court has directed the defendants to file an affidavit of compliance, which must also disclose whether any other similar articles have been disseminated since the July 2023 order.

Key Observations

The High Court’s ruling emphasizes that court-recorded undertakings are not merely suggestions but binding directions. The following observations define the court's stance:

• "Counsel for plaintiff points out that on 6th July 2023, a statement was made... that the defendant no. 1 will not directly or indirectly publish, comment, communicate or issue or any video or article or any other material referring to the dispute..."
• "Considering that this article was published after the order was passed on 6th July 2023, the defendants are directed to take down the said article from their website."
• "In the same affidavit, the defendant will also state if there are any other articles which have been disseminated after the order of 6th July 2023."

Implications for Future Litigation

This order serves as a stern warning against the violation of court undertakings. The requirement to file an affidavit of compliance ensures transparency and prevents further potential breaches. The case is now listed for May 19, 2025, where the court will assess the defendants' adherence to the current directive. For legal professionals, this case reinforces the importance of meticulous adherence to interim undertakings, as the court maintains a zero-tolerance policy toward the dilution of its orders.