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2025 Supreme(Online)(DEL) 827

HIGH COURT OF DELHI
Subramonium Prasad, J
ISHA FOUNDATION – Appellant
Versus
GOOGLE LLC & ORS. – Respondent
CS(OS) 159/2025



Advocates:
YAJAT GULIA

The court recognized the balance between freedom of speech and the right to reputation, allowing an ex-parte injunction in defamation cases to prevent irreparable harm.

Headnote:

(A) Code of Civil Procedure, 1908 - Section 151; Order XXXIX Rules 1 and 2 - Defamation - The Plaintiff, a Public Charitable Trust, sought injunction against Defendant No.4 for circulating a defamatory video, claiming irreparable harm to reputation - Court allowed the suit without advance service on Defendants, emphasizing the need to balance freedom of speech with the right to reputation. (Paras 1, 6, 12, 14)

(B) Ex-parte Injunction - The court ruled that ex-parte injunctions may be granted under exceptional circumstances, considering factors such as irreparable harm and the balance of convenience. (Paras 7, 10)

Facts of the case:
The Plaintiff accused Defendant No.4 of disseminating a defamatory video that tarnished its reputation, claiming it was based on unverified information. The Plaintiff sought removal of the video and damages of Rs. 3,00,00,000. (Paras 2, 6)

Findings of Court:
The court found prima facie evidence of defamation and the potential for irreparable harm to the Plaintiff's reputation, leading to the issuance of an injunction against the Defendants. (Paras 10, 12)

Issues: The main issues included whether the video was defamatory and the appropriateness of granting an ex-parte injunction without prior notice to the Defendants. (Paras 3, 12)

Ratio Decidendi: The court held that the Plaintiff established a prima facie case for defamation and highlighted the urgency in preventing further reputational damage. (Paras 10, 12)

Result: Application for injunction granted, and Defendants restrained from disseminating the video.

ORDER :

I.A. 6735/2025 (Exemption)

Allowed, subject to all just exeptions.

I.A. 6734/2025

1. The present application under Section 151 of CPC has been filed by the Plaintiff seeking exemption from effecting advance service on the Defendants.

2. The Plaintiff has approached this Court for restraining Defendant No.4 from utilizing any media outlet and/or social media platforms to make libellous, misleading and disparaging allegations against the Plaintiff; and for restraining the spread of false news, motivated propaganda and disinformation campaign relating to the Plaintiff and also for a direction to Defendant Nos.1, 2 & 3 to bring down the video/posts/publications/allegations against the Plaintiff which has been uploaded at these links as mentioned in paragraph No.8 of the plaint i.e. https://www.youtube.com/watch?v=RtiHOm5i and https://www.youtube.com/@ShyamMeeraSingh.

3. It is stated by the learned Counsel for the Plaintiff that since the Plaintiff apprehends that Defendant No.4 might bring down the offending video in order to overreach the issue that would be presented before this Court and later on upload the same, the Plaintiff is, therefore, seeking exemption from effecting advance service on the Defendants.

4. In view of the reasons stated in the application, this Court is inclined to entertain the suit without advance service on the Defendants.

5. The application is disposed of.

1. Alleging that the Defendant No.4 has indulged in making and circulating a defamatory video dated 24.02.2025 against the Plaintiff, a registered Public Charitable Trust, which is for imparting yoga and spiritual knowledge, the Plaintiff has approached this Court by filing the present suit seeking the following prayers:

“a) Pass a decree of permanent & mandatory injunction against Defendant Nos. 1-5 to immediately delete/remove/take down the defamatory video listed in Paragraph 8 of Plaint and all the videos/posts/publications/allegations emanating out of the defamatory video as listed in Paragraph 11-13 of the Plaint, or any other videos/posts/publications/allegations which are identical to, or similar in content, on the internet through social media platforms, websites, blogs, or any other media such as the Metaverse, blockchain, any Artificial Intelligence program, or any other media such a print, audio-visual etc. which are defamatory with respect to the Plaintiff, and;

b) Pass a decree of permanent injunction against the Defendants No.1-5, their associates, servants, agents, affiliates, assignees, substitutes, representatives, their subscribers, employees and/or persons claiming through them and/or under them and all other persons from creating, publishing, uploading, sharing, disseminating etc. the defamatory videos as listed in Paragraph 8 of Plaint and all the videos/posts/publications/allegations emanating out of the defamatory video as listed in Paragraph 11-13 of the Plaint, or any other videos/ posts/publications/allegations which are identical to, or similar In content, on the internet through social media platforms, websites, blogs, or any other media such as the Metaverse, blockchain, any Artificial Intelligence program, or any other media such a print, audio-visual etc. which are defamatory with respect to the Plaintiff, and;

c) Pass a decree of damages to the tune of Rs. 3,00,00,000/- (Rupees Three Crore Only) in favour of the Plaintiff and against the Defendants No. 4 and;

d) Pass an order for costs of the present proceedings, and;

e) Pass such further orders as this Hon'ble Court may deem fit and proper in the facts and circumstances.

2. Let the plaint be registered as a suit.

3. Issue summons to the Defendants, to be served through all permissible modes, including through electronic mode and dasti as well, returnable on 08.07.2025 before the learned Joint Registrar (Judicial).

4. Let the Written Statement(s) to the plaint be positively filed within the time prescribed under the Delhi High Court (Original Side) Rules, 2018 along with the af

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