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2024 Supreme(Online)(DEL) 32119

HIGH COURT OF DELHI
Mini Pushkarna, J
PHYSICSWALLAH PRIVATE LIMITED – Appellant
Versus
MR. VIVEK THAKUR TRADING AS SCHOLARS DEN – Respondent
CS(COMM) 1074/2024



Advocates:
SIDHANT GOEL

Willful disobedience of a court order is a serious violation that undermines the authority of the judiciary, necessitating compliance.

Headnote:(A) Code of Civil Procedure, 1908 - Order XXXIX Rule 2A and Section 151 - Application for contempt - Plaintiff alleges defendant's willful disobedience of an ex parte ad interim injunction order dated 03 December 2024 - Defendant acknowledged knowledge of the injunction but failed to comply, posting on social media instead. (Paras 2, 3, 6, 11)

(B) Disobedience of Court Orders - The Court emphasized that violation of its orders cannot be tolerated, and parties must comply with injunctions to maintain the majesty of the Court. (Paras 11)

Facts of the case:
The plaintiff filed an application alleging the defendant's willful disobedience of an injunction order, evidenced by social media posts acknowledging the order.

Findings of Court:
The Court noted the defendant's serious violation of the injunction order and mandated the filing of a reply/affidavit of apology within four weeks.

Issues: The primary issue was whether the defendant willfully disobeyed the injunction order.

Ratio Decidendi: The Court underscored the necessity for compliance with its orders, stating that willful disobedience undermines the authority of the Court.

Result: Defendant required to file a reply/affidavit of apology.

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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