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2019 Supreme(Del) 857

IN THE HIGH COURT OF DELHI AT NEW DELHI
G.S. Sistani, Jyoti Singh, JJ.
Pushpandra Singh Parmar - Appellant
Vs.
UC Web Mobile Private Limited - Respondent
Regular First Appeal (Os) No. 16 of 2019
Decided On : 25-03-2019

Advocates Appeared:
Murari Tiwari, Adv., Rahul Kumar, Adv., Raghwendra Tiwari, Adv., Anuradha Mukherjee, Adv., Jyoti Dastidar, Adv., Shreya Seth, Adv.

The appellant's own statement and admitted emails were crucial in determining the lack of merit in the appeal.

Headnote:

Delay in Filing - Appeal under Section 10 of Delhi High Court Rules read with Section 96, read with Order XLI of the Code of Civil Procedure, 1908 - [CS (OS) 420/2018, Section 10 of Delhi High Court Rules, Section 96, Order XLI of the Code of Civil Procedure, 1908]

Fact of the Case:

The respondent filed a suit against the appellant for permanent mandatory injunction due to disruptive emails sent by the appellant to the employees of the respondent.

Finding of the Court:

The appellant's statement and the admitted emails led the court to dismiss the appeal, as the appellant's own statement indicated no intention to disrupt or cause disruption.

Issues: Delay in filing the appeal, violation of undertaking given by the appellant.

Ratio Decidendi: The court found that the appellant's own statement and the admitted emails were sufficient to dismiss the appeal, as they indicated no intention to disrupt or cause disruption.

Final Decision: The appeal was dismissed as the court found it without merit.

JUDGMENT :

G.S. Sistani, J.

Cm APPL 8764/2019 (delay in filing)

1. This is an application filed by the applicant/appellant seeking condonation of 47 days delay in filing the present appeal.

2. Prayer made in this application is not opposed. Accordingly, delay of 47 days in filing the present appeal is condoned.

3. The application stands disposed of.

RFA(OS) 16/2019

4. This is an appeal under Section 10 of Delhi High Court Rules read with Section 96, read with Order XLI of the Code of Civil Procedure, 1908. Challenge in this appeal is to the order dated 27.09.2018 passed by a learned Single Judge of this Court.

5. The respondent/plaintiff had filed a suit against the appellant/defendant for permanent mandatory injunction. The following relief’s were claimed :

"(a) pass a decree of permanent injunction in favour of the Plaintiff and against the Defendant thereby restraining the Defendant from creating disruption or disturbance in any events being hosted by the Plaintiff or where Plaintiffs management are attendees including at the event to be held in New Delhi on 05.09.2018 at The Lalit, Connaught Place, New Delhi - 110001, being the venue of the sub-forum of the 2018 "XIN" Philanthropy Conference;

(b) pass a decree of permanent injunction in favour of the Plaintiff and against the Defendant thereby restraining the Defendant from approaching within a radius of 500 mtrs of the venue for any events that are hosted by the Plaintiff or where Plaintiffs management are attendees (including but not limited to the event to be held in New Delhi on 05.09.2018 at The Lalit, Connaught Place, New Delhi - 110001, being the venue of the sub-forum of the 2018 "XIN" Philanthropy Conference), as well as within a radius of 500 mtrs of the Plaintiffs office premises;

(c) pass a decree of permanent injunction in favour of the Plaintiff and against the Defendant thereby restraining the Defendant from contacting, or approaching in any manner the management, personnel or employees of the Plaintiff or of its affiliates with intent to engage in disparaging and denigrating conduct against the Plaintiff and disrupt events hosted or attended by the Plaintiff management;

(d) pass a decree of permanent injunction in favour of the Plaintiff and against the Defendant thereby restraining the Defendant from publicly issuing, disseminating, circulating or communicating, in any manner, any disparaging statements against the Plaintiff company and its personnel, at any place, forum or social media in relation to any events that are hosted by the Plaintiff or where the Plaintiffs management are attendees (including but not limited to the event to be held in New Delhi on 05.09.2018 at The Lalit, Connaught Place, New Delhi - 110001, being the venue of the sub-forum of the 2018 "XIN" Philanthropy Conference);

(e) pass a decree of mandatory injunction in favour of the Plaintiff and against the Defendant thereby directing the Defendant to take down all videos, articles, posts, images, and/or any other misleading and disparaging material from all social media platforms;

(f) pass a decree of permanent injunction in favour of the Plaintiff and against the Defendant thereby restraining the Defendant from appearing-for any press conference or interview in the print media, electronic media, social media or any kind of circulation, by which the malicious, false, disparaging content against the Plaintiff, is affiliates, their management and their personnel, may be circulated;

(g) for any damage of Rs.2,00,05,000/- to be paid by the defendant to the plaintiff along with any other punitive damages.

(h) award costs of this suit to the plaintiff and against the defendants."

6. On account of three emails issued by the appellant herein dated 03.08.2018, 06.08.2018 & 10.08.2018 addressed to all the employees of the management, the respondent/plaintiff was forced to knock the doors of this Court. When the matter was listed on 27.09.2018, the statement of appellant/defendant was recorded which we reproduce
















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