C.S.No.3 of 2023

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 17.03.2023

CORAM

THE HONOURABLE MR.JUSTICE K.KUMARESH BABU

C.S.No.3 of 2023

&O.A.Nos.5 & 6 of 2023

& A.No.68 & 69 of 2023

M/s.Tractors and Farm Equipment Limited

… Plaintiff

Vs

1.M/s.LinkedIn Corp.

1000 West Maude Avenue,

Sunnyvale, CA 94085,

United States of America,

Represented by its Authorised Representative

2.LinkedIn Technology Information Pvt. Ltd.,

16A/20, WEA Main Ajmal Khan Road,

Karol Bagh New Delhi 110 005.

And also at

7^th Floor, Tower A, Global Technology Park,

Devarabisanahalli, Adarsh Palm Retreat,

Bengaluru 560 103.

3.The Tractorwala,

Owner/ poster of the Profile “The Tracktorwala”

C/o.M/s.LinkedIn Corp,

1000 West Maude Avenue,

Sunnyvale, CA 94085

United States of America.

https://www.mhc.tn.gov.in/judis

C.S.No.3 of 2023

And also at

LinkedIn Technology Information Pvt. Ltd.,

16A/20, WEA Main Ajmal Khan Road,

Karol Bagh New Delhi 110 005.

And also at

7^th Floor, Tower A, Global Technology Park,

Devarabisanahalli, Adarsh Palm Retreat,

Bengaluru 560 103.

… Defendants

PRAYER: Civil Suit filed under Order VII Rule 1 of the Civil Procedure

Code r/w. Order IV Rule 1 of the Original Side Rules praying for:

(a)Declaring that the 3^rd defendant has violated the

provisions of the law presently in force including the

Information Technology Act, 2000 and the Rules and the

internal rules and policies of the Social Media Platform of the

1^st and 2^nd defendant Viz. “LINKEDIN” including the User

Agreement and “LINKEDIN Professional Community

Policies” etc:

(b)Permanent injunction restraining the defendants their

officials, agents, servants or persons acting through or under

the Defendants in whatever capacity or form from publishing,

posting, exhibiting, displaying, making available any material,

content etc., that is falseor defamatory as against the plaintiff

and its senior management on any forum or medium

whatsoever;

https://www.mhc.tn.gov.in/judis

C.S.No.3 of 2023

(c)Permanent injunction restraining the defendants their

officials, agents, servants or persons acting through or under

the defendants in whatever capacity or form from publishing,

posting, exhibiting, displaying, making available any claims,

content, including lascivious or obscene material or content,

or any allegations to the effect that sexual harassment,

molestation, abuse etc, has taken place in the plaintiff's

company. In any form or manner including written posts,

private messages, audio recordings, video, photographs etc.,

on any forum or medium whatsoever;

(d)granting a mandatory injunction to the 1^st and 2^nd

defendants to permanently remove/ block the 3^rd defendant's

Profile

“THE

TRACKTORWALA”

at

URL

https://www/linkedin.com/in/the-tracktorwala-78730516b/ or

any other URL on their social media platform “LINKEDIN”.

(e)grant a mandatory injuction direction directing the 1^st

and 2^nd defendants herein to forthwith furnish all details

including the IP address, name, identity, address, etc of the

user(s) who are the owner(s) of the profile “THE

TRACKTORWALA” on their social media platform

'LINKEDIN”.

https://www.mhc.tn.gov.in/judis

C.S.No.3 of 2023

(f)for such further or other orders as this Hon'ble Court

may deem fit and proper in the circumstances of the case and

(g)for the costs of the suit and thereby render justice.

For Petitioner : Mr.Krishna Srinivasan

Senior Advocate

for S.Ramasubramanian & Associates

For Respondents : Mr.P.Giridharan for D1 & D2

D3 – unserved

D4 - service awaited

ORDER

The prayer in the suit is primarily to restrain the defendants from

publishing, posting, exhibiting, displaying, making available any material,

content etc., that is false or defamatory as against the plaintiff and its senior

management on any forum or medium whatsoever; and al