Thus, while issuing
notice on the applications, ex parte ad interim injunction is granted
restraining defendant nos.1 to 4, their agents, assignees, nominees and
servants from publishing, broadcasting, distributing or disseminating
in any form or manner whatsoever or continuing from doing so in any
manner any defamatory material in the nature of photographs as
mentioned above, relating to or arising from, in connection with any
alleged acts or behaviour relatable to the plaintiff. For removal of
doubts, it is clarified that it is inherent in the direction against
continuation of the publication of the impugned material that
defendant is also obliged to take all steps to remove the impugned
content from the website.
IN THE HIGH COURT OF DELHI AT NEW DELHI
CS(OS) 510/2016
SASIKALA PUSHPA
v
FACEBOOK INDIA AND ORS
CORAM:
HON'BLE MR. JUSTICE R.K.GAUBA
Dated:OCTOBER 04, 2016
The learned senior counsel representing the plaintiff submits
that requisite court fee would be furnished within five days.
The plaintiff is allowed time to that extent.
The application is disposed of.
Issue summons on requisite steps being taken, returnable before
the Joint Registrar for 08.02.2017.
IA No.12386/2016 (u/O. 39 R. 1 & 2 CPC), IA No.12387/2016 (u/O.
II R. 2 r/w S. 151 CPC) and 12389/2016 (u/S. 80 of CPC)
Heard. Perused.
During the course of arguments, the learned senior counsel for
the plaintiff / applicant submitted four leaves bearing the print-outs of
the impugned material which has been published statedly by
defendant nos.1 to 4 giving rise to the cause of action to file the
present suit.
Having heard learned senior counsel for the plaintiff and the
background facts set out in the plaint, a prima facie case for ex parte
injunction as prayed in the application under Order 39 R. 1 & 2 CPC
has been made out. The balance of convenience lies in favour of the
plaintiff. Irreparable loss is likely to be caused if her rights, interest
and reputation is not immediately protected. Thus, while issuing
notice on the applications, ex parte ad interim injunction is granted
restraining defendant nos.1 to 4, their agents, assignees, nominees and
servants from publishing, broadcasting, distributing or disseminating
in any form or manner whatsoever or continuing from doing so in any
manner any defamatory material in the nature of photographs as
mentioned above, relating to or arising from, in connection with any
alleged acts or behaviour relatable to the plaintiff. For removal of
doubts, it is clarified that it is inherent in the direction against
continuation of the publication of the impugned material that
defendant is also obliged to take all steps to remove the impugned
content from the website.
The learned senior counsel undertakes to arrange to serve
copies of the four leaves bearing the print-outs of the impugned
images in sealed cover with the notices to each of the defendants so as
to bring to their notice the material which is the subject matter of this
order.
The above-said four leaves containing the impugned material
have been returned to be put in a sealed cover by the plaintiff /
applicant and filed with the Registry today itself.
The plaintiff shall take steps under Order 39 Rule 3 of the CPC
within one week from today.
List before the Joint Registrar for the date fixed as above.
Dasti under the signatures of the Court Master.
R.K.GAUBA, J
OCTOBER 04, 2016
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