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2024 Supreme(Online)(DEL) 33122

HIGH COURT OF DELHI
Manmeet Pritam Singh Arora, J
MANSI AGGARWAL – Appellant
Versus
ALOK MITTAL – Respondent
CS(OS) 1031/2024



Advocates:
ADITYA KAPOOR

The court emphasized the protection of privacy and reputation in defamation cases, ruling against the defendant's unauthorized actions during ongoing legal proceedings.

Headnote:(A) Code of Civil Procedure, 1908 - Order VII Rule 11 (c) - Order XXXIX Rules 1 and 2 - Defamation - Plaintiff seeks damages of Rs.2,00,05,000/- and injunction against defendant for publishing defamatory material. Court grants extension for court fee and issues summons to defendant. (Paras 3, 7, 9)

(B) Interim Measures - Court restrains defendant from publishing defamatory material and using plaintiff's photographs without consent, emphasizing the need to protect the plaintiff's reputation and privacy during ongoing legal proceedings. (Paras 14, 19, 24)

Facts of the case:
The plaintiff alleges defamation by the defendant through social media posts and seeks damages and an injunction against further defamatory actions. The defendant has been accused of running a smear campaign against the plaintiff.

Findings of Court:
The court finds prima facie evidence of defamation and unauthorized use of the plaintiff's identity, ordering the defendant to cease such actions until the next hearing.

Issues: The main issues include the legality of the defendant's actions in light of ongoing legal proceedings and the protection of the plaintiff's privacy.

Ratio Decidendi: The court ruled that the defendant's actions are unlawful and prejudicial, emphasizing the confidentiality of ongoing legal proceedings and the need to protect the plaintiff's identity.

Result: Defendant restrained from publishing plaintiff's name or related materials until the next hearing.

ORDER

% 23.12.2024

I.A. 49508/2024 (for exemption)

1. Allowed, subject to all just exceptions.

2. Accordingly, this application is disposed of.

I.A. 49509/2024 (under Section 149 read with Section 151 CPC seeking extension of time for filing the requisite court fee)

3. This is an application filed by the plaintiff seeking extension of time for depositing the court fee.

4. Learned counsel for the applicant/plaintiff states that the court fee will be deposited within four (4) weeks. The time sought is granted.

5. It is made clear that if the Court fees is not deposited within the extended time the plaint shall stand rejected under Order VII Rule 11 (c) CPC.

6. With the aforesaid directions, the application stands allowed.

7. This is a suit filed by the plaintiff seeking

(i) damages for the acts of defamation committed to the tune of Rs.2,00,05,000/-.

(ii) permanent and mandatory injunction against the defendant restraining the Defendant and from publishing any defamatory material against the Plaintiff.

8. Let the plaint be registered as a suit.

9. Issue summons to the defendant through all modes. In addition to the counsel representing the defendant in the proceedings pending before the learned Chief Judicial Magistrate, Rohini Courts, North-West District. Affidavit of service be filed within two weeks.

10. The summons shall indicate that the written statement must be filed within fifteen (15) days from the date of receipt of the summons. The defendant shall also file affidavit of admission/denial of the documents filed by the plaintiff, failing which the written statement shall not be taken on record.

11. The plaintiff is at liberty to file replication thereto within fifteen (15) days after filing of the written statement. The replication shall be accompanied by affidavit of admission/denial in respect of the documents filed by the defendant, failing which the replication shall not be taken on record.

12. It is made clear that any unjustified denial of documents may lead to an order of costs against the concerned party.

13. Any party seeking inspection of documents may do so in accordance with the Delhi High Court (Original Side) Rules, 2018.

I.A. 49507/2024 (under Order XXXIX Rules 1 and 2 CPC seeking interim measures against the defendant)

14. This is an application filed by the plaintiff under Order XXXIX Rules 1 and 2 of the Code of Civil Procedure, 1908 (‘CPC’) seeking interim ex- parte ad-interim order restraining the Defendant from publishing any defamatory material against the Plaintiff during the pendency of the captioned Suit

15. Learned counsel for the plaintiff states that he has placed on record the LinkedIn posts uploaded by the defendant on 14.12.2024, 15.12.2024, 17.12.2024 and 18.12.2024. He states that he also relies upon the web copy of the interview published by the Mint.

15.1. He states that the stories being posted under the username ‘Samipya Chand’ have been reposted by the defendant on his handle on LinkedIn. He states that the maliciousness in the contents of the posts is self-evident.

15.2. He states that the plaintiff has taken recourse to the legal process for her reliefs against the defendant under the Domestic Violence Act, 2005 (‘DV Act’). He states that, however, the defendant has been committing acts to embarrass the plaintiff which includes not only publishing false defamatory statements on media but publishing personal details of the plaintiff, including her photographs revealing her face and identity without her consent. He states that the defendant has also posted pictures of the pages from the pleadings of the complaint filed by the Plaintiff in the Court of law under the DV Act. Further, he states, in order to harm her reputation defendant has also been tagging the employer of the plaintiff in his defamatory posts.

15.3. He states that the defendant has since appeared before the DV Court earlier today and has joined the said proceedings.

15.4. He states that articles have been published on the web at the instanc

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