Final Order 1

Order Details: Notice of Motion
Pdf Text: 11.12.2020
DB
CORAM : HIS HONOR JUDGE, CITY CIVIL COURT
SHRI. V.V. VIDWANS (Court Room No. 03)
St. 4660/20
Ex3
Adv. Pradeep Gandhy, Adv. Mr. Nausher Kohli a/w Adv. Mr.
Parag Khandhar, I/b DSK Legal for Plaintiff present.
Senior Counsel Soli Cooper, Adv. Yohann Cooper, Adv. Bryan
Pillai for Defendant No. 4 and 5 present.
Adv. Ms. Anuja Jhunjunwala a/w Mr. Toufiq Kapadia I/b M. Mulla
Associates for Deft. No. 6 and 8 present.
Adv. Rohit Lalwani I/b L.C Tolat Co. for Deft. No. 7 present.
Adv. Rishikesh Soni a/w Adv. Padmaja Dholakia and Adv.
Charushila More I/b Dholakia Law Associates for Deft. No. 11
(Google India) present.
Adv. Naresh Thacker, Adv. Dinesh Pednekar, and Adv. Chanakya
Keswani (Youtube LLC deft no. 9, Google LLC deft no. 10) for Deft
No. 9 and 10 present.
Plaintiff and defendants through their counsels are present before
the court.
As per the statement made before the court on 04.12.2020, Ld.
counsel for plaintiff has filed the purshis on 09.12.2020 in this
court, seeking withdrawal of the suit, in view of the facts and
circumstances mentioned there in, with liberty to file fresh suit in
the event of any fresh cause of action.
Purshis submitted by the plaintiff. Seen and filed.
The above purshis is taken on record in the presence of Ld.
counsel for both the sides. I have heard the respective counsels
regarding the contents of the purshis.
Mr. Soli Cooper, Ld. counsel for defendant no. 4 and Mr. Naresh
Thacker for defendant no. 10 submitted that in para no. 4 and 5
of the purshis, there is mention of the defendant numbers, who
shall be responsible for taking down the defamatory posts in
relation to the various objectionable posts on Twitter, Youtube
and Facebook specified in the table with reference to the URL.
Therefore, they requested that while disposing of the suit on the
basis of the purshis, it is necessary to give specific direction to the
respective defendant with reference to the URL, as mentioned in
the table, regarding taking down of the posts.
It is further submitted that if the court accept the purshis, filed by
the plaintiff then, while disposing of the suit if there is specific
order from the court, giving a finding regarding defamatory
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contents of the objectionable posts referred to in the table, then
only the respective defendant no. 4 and 10 will be in a position to
take down such post and comply with the orders of the court.
Ld. counsel for the rest of the defendants submitted that they have
no objection to withdrawal of the suit by the plaintiff, as per
purshis and that they shall not be required to make any
compliance regarding taking down of the said defamatory posts
mentioned in the table.
I have carefully gone through the contents of the purshis
submitted on behalf of the plaintiff and taken into consideration
oral submissions made before the court by the Ld. counsel for
parties.
I am satisfied that in view of the withdrawal of the suit against
defendant no. 2, as per his undertaking given before the court on
11.11.2020, the grievances of the plaintiff stands resolved and
satisfied. In view of the same, it will be just and proper to allow
the plaintiff to withdraw suit against rest of the defendants in
terms of the purshis filed on record. Hence, the purshis is accepted
and by consent of parties, plaintiff is allowed to withdraw the
suit, with liberty to file fresh suit in respect of fresh cause of
action. In the circumstances of the case, there shall be no orders
as to costs.
As per interim order passed by this court dated 28.09.2020, the
objectionable posts on the social media were found prima facie
defamatory and the defendant no. 1 to 3 were restrained
temporarily from posting, reposting, tweeting, sharing, sending
messages and facts on social media platforms etc. until further
order. These objectionable posts have been specifically mentioned
in para no. 5 of the purshis by the plaintiff. Hence, for the sake of
clarity and ready reference, the said table is made part and parcel
of this order and reproduced as under:
Sr.
No.
URLS Defendant No.
1
.
https://www.youtube.com/watch?
v=Snccvc_MaOM
@ page 48 of Plaint
Defendant No.10
2
.
https://www.youtube.com/watch?
v=6tV0NA7GDVQ
@ page 49 of Plaint
Defendant No.10
3 https://www.youtube.com/watch? Defendant No.10
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v=Qb0TyGc6HCE
@ page 50 of Plaint
4
.
https://www.youtube.com/watch?
v=X7XWvduuMBY
@ page 51 of Plaint
Defendant No.10
5
.
https://www.youtube.com/watch?
v=xRZdoHEcS70
@ page 53-55 of Plaint
Defendant No.10
6
.
https://www.youtube.com/watch?
v=xSaYWQP8_UM
@ page 58 of Plaint
Defendant No.10
7
.
https://www.youtube.com/watch?
v=ad__9A5gj2g
@ page 61 of Plaint
Defendant No.10
8
.
https://www.facebook.com/groups/18458374
42126882/permalink/3537791566264786/
Defendant No.4
9
.
https://www.facebook.com/groups/18458374
42126882/permalink/3540775909299685/
Defendant No.4
1
0
.
https://www.facebook.com/groups/43997909
6038608/permalink/3312579172111905/
Defendant No.4
These objectionable posts have been specifically mentioned in the
above table, with reference to the URL and the defendant no. 4
and 10, who are in a position to take down the said objectionable
posts from the social media platforms, have been specifically
mentioned. As such, after going through the contents of the said
objectionable posts at Sr. no. 1 to 10 mentioned in the above
table, I find that the said posts are per se defamatory.
Therefore, I hold and confirm the finding recorded in that
regard in the order dated 28.09.2020 and direct the defendant
no. 4 and 10 to take down the said objectionable posts
mentioned in the table in the purshis from the respective
social media platforms, within one month from the date of
communication of this order to the respective defendants.
As a result, the suit is disposed of as withdrawn by the
plaintiff against all the defendants.
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It is clarified that the defendants no. 5 to 9 and 11 are not
required to make any compliance, as per the contents of the
purshis.
All Notice motions, Chamber summons pending in the suit shall
stands disposed of as infructuous.
Plaintiff shall entitled to refund of Court fees as per rule.
Suit is on stamp number and draft NM and CS, if any, shall be
registered for statistical purpose.
Judge
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