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2025 Supreme(Online)(Del) 6697

IN THE HIGH COURT OF DELHI AT NEW DELHI
Jyoti Singh, J
DR. MANNAN GUPTA – Appellant
Versus
DR. RUPALI MISHRA – Respondent
CS(OS) 571/2025



Advocates:
For the Appellants/Petitioners: Mr. Sagar Chawla, Ms. Chavi Chhiber
For the Respondents: Dr. Amit Mishra, Mr. Sauhard Alang

Interim injunctions can be granted to prevent irreparable harm when a prima facie case is established in defamation claims.

Headnote:(A) Code of Civil Procedure, 1908 - Order XXXIX Rules 1 and 2 - Interim injunction - Plaintiffs sought ex parte interim injunction against Defendants from publishing false statements - Plaintiffs established prima facie case and balance of convenience in their favor - The Court restrained Defendants from making defamatory statements and directed removal of impugned videos. (Paras 11-18)

(B) Defamation - Elements of malicious publications damaging professional reputation were recognized. (Paras 15-16)

Facts of the case:
Plaintiffs alleged Defendants published defamatory statements against them on social media, accusing them of unethical medical practices, which led to the filing of an injunction application.

Findings of Court:
Plaintiffs showed a prima facie case for an injunction, with risks of irreparable harm if relief not granted.

Issues: Key questions included establishing a prima facie case for defamation and determining whether an interim injunction should be granted.

Ratio Decidendi: The court concluded that the balance of convenience favored the Plaintiffs, deeming it necessary to prevent harm from false statements pending resolution.

Result: Ad interim injunction granted.

Table of Content
1. the court grants an interim injunction to restrain defamatory statements pending trial. (Para 11 , 12 , 18)
2. plaintiffs allege that defendants published baseless claims harming their reputation. (Para 14 , 15 , 16)
3. balance of convenience favors plaintiffs due to risk of irreparable harm. (Para 17)

O R D E R

% 27.08.2025 I.A. 20792/2025

1. Allowed, subject to all just exceptions.

2. Application stands disposed of.

CS(OS) 571/2025

3. Let plaint be registered as a suit.

4. Issue summons.

5. Counsels, as above, accept summons on behalf of the Defendants.

6. Written statements shall be filed by the Defendants within 30 days from today along with affidavits of admission/denial of the documents filed by the Plaintiffs.

7. It is open to the Plaintiffs to file replications within 30 days from receipt of the written statements along with affidavit of admission/denial of CS(OS) 571/2025 Page 1 of 4 documents filed by the Defendants.

8. List on 30.10.2025 before the learned Joint Registrar.

9. If any of the parties wish to seek inspection of any documents, the same be done in accordance with Delhi High Court (Original Side) Rules, 2018.

10. Learned Joint Registrar shall carry out admission/denial of documents and marking of exhibits.

I.A. 20791/2025

11. This application is filed on behalf of the Plaintiffs under Order XXXIX Rules 1 and 2 CPC inter alia seeking ex parte ad interim injunction restraining Defendants No. 1 to 3, their agents, assigns etc., from publishing, circulating, disseminating, uploading etc., false and defamatory statements against the Plaintiffs, including impugned videos.

12. Issue notice.

13. Notice is accepted by the counsels as above. Let replies be filed within four weeks from today.

14. It is the case of the Plaintiffs that he is a duly qualified Obstetrician and Gynecologist, having completed MBBS in 2016 and thereafter Master of Surgery in Obstetrics and Gynecology, both from Delhi University. Plaintiff No. 1 has done fellowship of ART, KIEL Germany and is a Gold Medalist from Maulana Azad Medical College. Plaintiff No. 1 is duly registered with Delhi Medical Council and has 10 years of experience in IVF and 14 years in Obstetrics and Gynecology. Plaintiff No. 1 belongs to family of doctors of high standing in medical fraternity and his parents are also reputed practitioners in Delhi. Plaintiff No. 1 has established his own specialized institute and operates under the aegis of Plaintiff No. 2 and is CS(OS) 571/2025 Page 2 of 4 well known and recognized in the field of reproductive health services. Plaintiff No.1 is also known for his professionalism and ethical practices, while treating patients.

15. It is averred that Defendants No. 1 to 3, who operate in the same professional field as Plaintiffs, have recently embarked on a malicious campaign to tarnish the reputation of the Plaintiffs and divert patients for commercial gain. On and around 12th/13th August, 2025, Defendant No. 1, acting through Defendants No. 2 and 3, published and circulated videos on YouTube, Instagram and Facebook, containing false and defamatory allegations against the Plaintiffs, accusing them of stealing MTP registration number of Defendants No. 1 to 3 as also misrepresenting facts on their website and engaging in fraudulent, illegal and unethical medical practices. In these videos, Plaintiffs have been branded as ‘quacks’, ‘fraudsters’, ‘imposters’ and ‘miscreants’. These allegations are wholly baseless, false and malicious and are tarnishing the reputation of Plaintiff No. 1 in the eyes of public, patients and members of medical fraternity.

16. Learned counsel for Plaintiffs submits that the impugned videos, screenshots etc., are being circulated and uploaded by Defendants No. 1 to 3 on various social media platforms purely out of professional rivalry. The serious allegations and accusations of cheating and misrepresentations as also violation of Code of Medical Ethics Regulations, 2002 and Medical Termination of Pregnancy Act, 197

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