IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA

OMP No. 1236 of 2025 in Civil Suit No. 39 of 2025

Reserved on: 06.01.2026

Date of decision: 09.01.2026

_____________________________________________________

Dr. Rajeev Bindal

f…..Applicant/plaintiff.

Versus o Kapil Garg @ Monty Garg

t……Non-applicant/defendant.

______________________r__________________________

Coram

The Hon'ble Mr. Justice Sushil Kukreja, Judge.

1 Whether approved for reporting? Yes.

For the applicant: Mr. Sudhir Thakur, Senior

Advocate, with Mr. Karun Negi and

Mr. Somesh Sharma, Advocates.

For non-applicant: Mr. Nitin Thakur, Advocate.

Sushil Kukreja, Judge.

The instant application has been preferred by the

applicant (plaintiff) under Order 39 Rules 1 and 2 of Code of Civil Procedure (CPC) read with Section 151 CPC with the prayer that the non-applicant be restrained from circulating, publishing, posting articles, news items on his facebook account, whatsapp, twitter or any other social media platforms concerning the applicant in any manner and to cause imputation to the applicant

1 Whether reporters of Local Papers may be allowed to see the judgment?

in any manner during the pendency of the instant civil suit.

2. It is averred in the application that the apPplicant was Speaker of Himachal Pradesh Vidhan Sabha from January, 2018. He is also an elected member of Himachal Pradesh Legislative Assembly from Nahan constituency for two consecutive terms and earlier he was member of Legislative Assembly from Solan Constituency. It is further averred that the respondent is councilor of Municipal Council Nahan, District Sirmour, and he is actively involved in the activities of a political party and due to political differences with the applicant and to create false narrative against him, the non-applicant makes imputation against him on social media by using facebook account in the name of Monty Garg and by making false representation in this regard, just to tarnish the reputation of the applicant in the High Command in BJP circle, amongst relatives, friends, nears and dears and the general public at large. As per the applicant, the non-applicant is indulging in unfair and malafide tactics and acts to gain political mileage and for doing so he is raising unfounded allegations of corruption against him to harm his reputation.

3. The non-applicant, by filing reply to the application, raised preliminary objections, viz., maintainability of the application and the same being bad in law, bad for mis-joinder/non-joinder of necessary parties. On merits, the non-applicant deniePd that he is making false narrative against the applicant so as to tarnish his reputation in the High Command in the BJP Circle, amongst the relatives, friends, nears and dears and the general public at large. He also denied that he is indulging in unfair and malafide tactics to gain political mileage. He admitted that there are political differences between the applicant and him and the instant applicant has been filed just to harass and create pressure upon the non-applicant, as he wants to contest forth coming Municipal Council Elections from MC Nahan and there is every likelihood of his success. Lastly, the non-applicant prayed for dismissal of the instant application.

4. The learned Senior Counsel for the applicant/plaintiff contended the defendant has been raising unfounded allegations of corruption against him on his Facebook account knowingly and intentionally, which are not genuine and authentic and which has tarnished his reputation and integrity, therefore, he submitted that the defendant may be restrained from circulating, publishing, posting articles, news items on Facebook account(s) maintained by him or on any other social media.

5. Conversely, the learned counsel for the non-applicant contended that the instant civil suit and the applicaPtion is an outcome of political vendetta and also to harass the non-applicant, as there are political differences between the applicant and non- applicant. He also contended that