The court granted injunction due to a prima facie case against defamatory posts impacting plaintiffs and a sportsperson, establishing the necessity of legal protection.

ORDER

% 02.09.2024

I.A. 37549/2024 (Exemption)

1. Allowed, subject to all just exceptions.

2. This application has been filed by the plaintiffs seeking exemption from making advance service of the Suit to the defendant nos.1 to 13 due to absence of their respective details.

3. For reasons stated in the application, the same is allowed.

4. The learned counsel for the plaintiffs submits that the deficient court fee shall be filed within a period of two weeks. The time for filing the court fee shall accordingly stand extended by a period of two weeks.

5. The application is allowed.

6. Let the plaint be registered as a suit.

7. Issue summons to the Defendants.

8. Summons is accepted by Mr.Ankit Parhar, Advocate on behalf of the defendant no.14 and Mr.Varun Pathak, Advocate on behalf of the defendant no.15.

9. Let summons be issued to the remaining defendants, to be served through the digital mode at their respective handles, returnable on 16th December, 2024 before the learned Joint Registrar (Judicial).

10. The summons to the Defendants shall indicate that the Written Statement(s) to the plaint shall be positively filed within a period of 30 days from the date of receipt of summons. Along with the Written Statement(s), the Defendants shall also file the affidavit(s) of admission/denial of the documents of the Plaintiffs, without which the Written Statement(s) shall not be taken on record.

11. Liberty is given to the Plaintiffs to file the Replication within a period of 15 days of the receipt of the Written Statement(s). Along with the Replication, if any, filed by the Plaintiffs, the affidavit(s) of admission/denial of documents of the defendant(s) shall be filed by the Plaintiffs, without which the Replication(s) shall not be taken on record.

12. If any of the parties wish to seek inspection of any documents, the same shall be sought and given within the timelines.

13. Issue notice.

14. Notice is accepted by Mr.Ankit Parhar, Advocate on behalf of the defendant no.14 and Mr.Varun Pathak, Advocate on behalf of the defendant no.15.

15. Let notice be served on the remaining defendants through the digital mode at their respective handles, returnable on 16th December, 2024 before the learned Joint Registrar (Judicial).

16. The plaintiff no.2, in the present suit, had conducted an interview of a sportsperson- Ms. Manu Bhaker, who has won two bronze medals in the recently concluded Paris Olympics. The plaintiffs are aggrieved of defamatory posts being placed by the defendant nos.1 to 13 on social media on the interview.

17. Pursuant to the Order dated 28.08.2024, the plaintiff no.2 has filed an affidavit stating that not only the concerned sportsperson had ‘liked’ the interview and had placed a ‘like’ on the interview post, but also the interview was expressly approved by the media managers of the sportsperson.

18. The learned counsel for the plaintiffs submits that, therefore, the impugned defamatory posts placed by the defendant nos.1 to 13 are not only defamatory, but also create a negative impact not only on the plaintiffs but also on the concerned sportsperson.

19. Having considered the contents of the Plaint and the documents filed therewith, and also having heard the learned counsel for the plaintiffs, I am of the opinion that the Plaintiffs have been able to make out a good prima facie case in their favour. The balance of convenience is also in favour of the Plaintiffs and against the Defendants. The Plaintiffs are likely to suffer a grave irreparable injury in case an ad interim ex-parte injunction is not granted.

20. Keeping in view the above, the defendant nos.1 to 13 are directed to remove the impugned posts from the social media