MAHINDRA AND MAHINDRA LTD & ANR. v. MR SCITARAM AITHAPPA SHETTY & ORS.
CS(OS)/261/2025 · 2025-05-15
Purushaindra Kumar Kaurav
body2025
DailyLaw.ai
[ 2025 DAILYLAW 37712 (DEL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 37712 (DEL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
$~O-69 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CS(OS) 261/2025 and I.A. 10831/2025
MAHINDRA AND MAHINDRA LTD & ANR. .....Plaintiffs Through: Mr.Saikrishna Rajagopal, Mr.Nitin, Mr.Aniruddh and Mr.Kuber, Advocates. versus
MR SCITARAM AITHAPPA SHETTY & ORS. .....Defendants
Through: Mr.Deepak Gogia, Mr.Aadhar Nautiyal and Ms.Shivangi, Advocates for D-2. Mr.Varun Pathak, Mr.Shyamal Anand and Ms.Sana, Advocates for D-3. CORAM:
HON'BLE MR. JUSTICE PURUSHAINDRA KUMAR KAURAV
O R D E R %
15.05.2025
1. Heard learned counsel appearing on behalf of the plaintiff. 2. The Court takes note of the decision passed by the Supreme Court in the case of Wikimedia Foundation Inc. v. ANI Media Private Limited & Ors.1 . 3. After hearing learned counsel for the plaintiff, the Court was of the prima facie opinion that the plaintiff has been able to make out the case of grant of interim injunction against defendant no.1. 4. The aforesaid view was formed keeping in mind the prima facie This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 20/05/2025 at 14:52:57
defamatory material which is without any context of the tweets being made by the plaintiff. 5. Besides the aforesaid reason, even after the service of notice on the defendant none has appeared to defend the said tweets. The Court, however, refrains from expressing any final opinion keeping in view the fact that the account of defendant no.1 currently stands suspended by defendant no.2 for violation of its policy. 6. Since the prima facie defamatory material which appears to have been posted by defendant no.1 is no longer available in the public domain, therefore, any injunction at this stage would be futile. 7. In view of the aforesaid, the Court grants liberty to the plaintiff to re- agitate the issue, in case, defendant no.1 circulates identical tweets or any other defamatory material, if the suspension of the account in question is revoked. 8. The plaintiffs shall also be at liberty to put forth their grievance, if at all, has to be redressed by defendant no.3. If such steps are taken, there is no reason as to why the same would not be dealt with in accordance with law. Let the details/ URLs be also furnished to defendant no.3.
On receipt of said communication, defendant no.3 to act on such request material as per extant rules/regulations/policy. 9. With the aforesaid liberty, the instant civil suit stands disposed of. PURUSHAINDRA KUMAR KAURAV, J MAY 15, 2025 nc/@m
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1 2025 INSC 656. This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 20/05/2025 at 14:52:57