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2026 Supreme(Online)(DC) 17

IN THE COURT OF SCJ-CUM-RC, (WEST DISTRICT) TIS HAZARI COURTS, DELHI
Richa Sharma, SCJ-cum-RC
Manoj Kesari Chand Sandesara – Appellant
Versus
Google LLC – Respondent
CS SCJ No. 459/2026



The 'right to be forgotten' and right to dignity under Article 21 must be balanced against the freedom of the press. Upon an individual's exoneration from criminal proceedings, the continued digital dissemination of defamatory and unsubstantiated content may be restrained to prevent irreparable reputational harm.

Headnote:(A) Civil Procedure Code, 1908 - Order XXXIX Rule 1 & 2 read with Section 151 - Ad-interim ex-parte injunction - Principles for grant - Ex-parte injunction is to be granted only in exceptional circumstances, considering factors: (a) irreparable or serious mischief to the plaintiff, (b) balance of convenience, (c) whether refusal involves greater injustice, (d) promptness in approaching the court, (e) utmost faith, (f) limited duration, and (g) existence of prima facie case. (Para 19)

(B) Constitution of India - Article 21 - Right to privacy and dignity - Includes the right to be forgotten - Media freedom is not absolute and must yield to individual's right to dignity and reputation when continued dissemination of specific content results in disproportionate harm after exoneration in criminal proceedings - Press cannot convict anyone through reports or make unsubstantiated claims during investigation or after acquittal. (Paras 21, 23)

Facts of the case:
The plaintiff sought a permanent and mandatory injunction against various media entities and an intermediary to remove allegedly defamatory content regarding bank fraud and related investigations. The plaintiff asserted that all criminal proceedings against the family and business were quashed by the highest court upon a settlement. The plaintiff argued that the persistent digital availability of these reports, labeling them as 'fugitives' and 'fraudsters', violates the right to dignity and the 'right to be forgotten', causing irreparable harm to their reputation and business interests.

Findings of Court:
The court found that the plaintiff made out a strong prima facie case. The balance of convenience favored the plaintiff, as continued circulation of defamatory labels after exoneration would result in enduring reputational damage. The defendants' freedom of speech is not absolute and must be balanced against the individual's right to privacy and reputation under Article 21.

Issues: (i) Whether the plaintiff is entitled to an ad-interim ex-parte injunction restraining the publication and circulation of alleged defamatory content. (ii) Whether the 'right to be forgotten' warrants the de-indexing and de-listing of content related to concluded investigations.

Ratio Decidendi: Recognizing that the right to privacy includes the right to reputation and that journalistic freedom is bounded by Article 19(2), the court held that when criminal proceedings have culminated in exoneration, the continuous digital projection of past accusatory reports causes disproportionate harm. Therefore, granting relief to restain republication and order de-indexing is necessary to uphold the constitutional right to live with dignity.

Result: Application for ad-interim ex-parte injunction allowed.

Table of Content
1. summary of historical corporate loan restructuring and judicial exoneration. (Para 3 , 4 , 5 , 6 , 7 , 8 , 9 , 10)
2. right to be forgotten and reputational harm from defamatory media reports. (Para 11 , 12 , 13 , 14 , 15 , 16 , 17)
3. parameters for granting ex-parte injunction against defamatory digital content dissemination. (Para 18 , 19 , 20 , 21 , 22 , 23 , 24 , 25 , 26)

Let summons of the suit and notice of the injunction application be issued to the defendants on filing PF, RC, AD, Speed Post, dasti, as well as through all approved electronic modes, returnable for 20.04.2026. Steps be taken within one week.

Ld. Counsel for the plaintiff has pressed for the ex-parte ad-interim relief.

ORDER

1. This order shall culminate the controversy, whether in the prevailing premise, the plaintiff is entitled to ad-interim exparte injunction against the defendants, under Order XXXIX Rule 1&2 read with Section 151 CPC, prayed as under:

2. Pass an ex-parte ad-interim injunction restraining the Defendants No. 1 to 3, their agents, employees, or any person acting on their behalf:

 from publishing, re-publishing or circulating any further content in relation to the Plaintiff and his family name-concerning the case of Sterling Biotech Limited and bank fraud;

 directing to de-index, de-list, and de-reference the URLs and content of the said articles as detailed in the plaint and such other links not known to the Plaintiff relating to the subject matter in issue from their respective website till the pendency and final disposal of the present suit: and

 direction to Defendant No. 1 and 2 to de-index, de-list, and de-reference the URLs and content of the said articles of the media houses as detailed in the plaint and such other links not known to the Plaintiff relating to the subject matter in issue from its search engine results, till the pendency and final disposal of the present suit.

3. Bereft of details, the factual matrix of the suit is that the present plaint is being instituted by Mr. Manoj Kesarichand Sandesara ("plaintiff herein") seeking damages, permanent and mandatory injunction to remove disparaging, defamatory and false content created by various media houses, intermediaries and searched upon and uploaded on the domain of Google LLC ("defendant no.1") about the plaintiff through various news channel from all its media outlets including TV channel, YouTube Channel Worldwide. The plaintiff is seeking to remove the malicious and palpably false content, which is directly damaging his fundamental rights of privacy and reputation. The Plaintiff belongs to one 'Sandesara' family who owned the Sterling Group of Companies, including but not limited to Sterling Biotech Limited. The Plaintiff has also been a director in Sterling Group of Companies namely Blue Mark Mercantile Limited and Navseema Properties Private Limited etc.

4. Sterling Biotech Ltd was pioneer in India to produce Gelatine as per USA and European standards, which opened the doors of western markets for Indian Pharmaceutical companies. The first plant was set up by Sterling Biotech Ltd (SBL) in 1997 and thereafter, SBL set up plants to manufacture anti-cancer drugs, which led to huge reduction of prices of anti-cancer drugs in India. It is averred, that SBL Group has been availing bank credit facilities from the last 25 years and has set up various high-tech projects with a credible track record. It is further voiced, that SBL has paid off dividends as high as 50% to its shareholders since its incorporation till 2010.

5. It is contended further, that all the major accounts of the group became NPA by the end of financial year 2011-12 which are based upon various external factors beyond its control like regulatory changes, project overrun however, it remains undisputed that the group has been repaying the loan amount for last several years after credit facilities were extended to it. The lenders have granted no new additional financial facilities to SBL

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