HIGH COURT OF DELHI
Mini Pushkarna, J
PHYSICSWALLAH PRIVATE LIMITED – Appellant
Versus
MR. VIVEK THAKUR TRADING AS SCHOLARS DEN – Respondent
CS(COMM) 1074/2024
O R D E R
I.A. 48122/2024 (Application under Order XXXIX Rule 2A CPC read with Section 151 CPC)
1. The present application has been filed on behalf of the plaintiff under Order XXXIX Rule 2A of the Code of Civil Procedure, 1908 (“CPC”), read with Section 151 CPC.
2. As per the plaintiff, the present application has been filed against the defendant for its blatant and willful disobedience and violation of the ex parte ad interim injunction order dated 03 rd December, 2024 granted by this Court.
3. Learned counsel appearing for the plaintiff submits that despite the defendant not appearing before this Court pursuant to the injunction order, the defendant has posted on his LinkedIn account, wherein, the defendant admits to the knowledge of the injunction order and the directions passed by this Court.
4. The LinkedIn post of the defendant is extracted as follows:
5. He further submits that instead of complying with the injunction order, the defendant in complete defiance, broadcasted and published another LinkedIn post, wherein, the defendant has amended the first post as follows:
6. By referring to the aforesaid posts by the defendant, learned counsel for the plaintiff submits that these clearly evidence the wilful disobedience of the defendant, and also reflects that the defendant has no regards to the majesty of this Court.
7. Issue notice. Notice is accepted by learned counsel for the defendant.
8. Learned counsel for defendant submits that the social media posts, which were posted by the defendant, have already been taken down.
9. She further submits that the physical hoardings, as put by the defendant, shall be taken down, within a period of 48 hours from today.
10. The aforesaid statement is taken note of and the defendant is held bound by the same.
11. Though the statement on behalf of defendant has been recorded and the defendant has been held bound by the same, this Court has taken very serious view of the matter. Once an order is passed by a court, the parties are expected to comply with the same and not violate the same with impunity, as has been done by the defendant in the present case. The conduct of the defendant clearly shows wilful and deliberate violation of the order passed by this Court, which cannot be accepted.
12. Let reply/affidavit of apology, be filed by the defendant, within a period of four weeks before this Court.
13. Re-notify on 22 nd April, 2025, i.e., date already fixed.
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