Case Title: T.V. Today Network Limited v. Sameet Thakkar & Anr.
Case No: CS(OS) 123/2020
Decided on: 20th December, 2023
CORAM: THE HON’BLE MS. JUSTICE REKHA PALLI
Facts of the Case
Initially, an application was filed by the plaintiff seeking ad-interim injunction restraining the defendant nos. 1 & 2 from publishing, posting defamatory/derogatory statements against the plaintiff on any social media platforms. The High Court of Delhi had vide its orders dated 06.05.2020, 08.05.2020 and 18.11.2020, issued certain interim directions against the defendants, which orders are continuing as on date.
Subsequently, an application filed by the plaintiff under Order XXXIX Rule 1 & 2 CPC. An application filed by the defendant no.1 with a prayer to revoke the interim order dated 06.05.2020 as read with 08.05.2020. An application filed by the defendant no.1 seeking clarification of the order dated 18.11.2020. An application filed by the plaintiff for taking appropriate action against the defendant no.1 for having blatantly disobeyed the directions issued vide order dated 06.05.2020.
Learned counsel for the defendant no.1 submits that the said defendant is not willing to amicably resolve the matter and is therefore not agreeable to file any affidavit to undertake that he will not publish any defamatory tweets against the plaintiff/company or its management in the future.
Legal Provision
The provision of Chapter XXIII Rule 1 of the Delhi High Court (Original Side) Rules outlines the authority granted to the Court, Registrar General, or Registrar to impose costs on a party if the Court determines that the party is abusing the judicial process or engaging in conduct that is dilatory, vexatious, mala fide, or an abuse of the legal process. In such cases, the Court has the discretion to require the offending party to make a deposit or upfront payment, as directed by the Court, to cover the costs associated with their improper conduct.
Issues
- Whether the defendant no.1 is guilty of having committed Contempt of Court for making defamatory tweets against T.V. Today Network Ltd despite restraint orders?
- Whether the said defendant is liable to pay a fine of Rs. 1 Lakh?
Court’s analysis and decision
The Delhi High Court observed and has held that X i.e., the formerly Twitter user is guilty of committing contempt of court for making the ‘defamatory tweets’ made against the TV Today Network despite the restraint orders passed against him in the year 2020. Justice Rekha Palli has directed the Sameet Thakkar to pay the fine for an amount of Rs. 1 lakh, while taking into account that the offending tweets were removed by him and that he had tendered an unconditional apology for making the said tweets. When the party knowingly acts in violation of the judicial directions, it would be against the interest of justice to simply accept Thakkar’s oral apology and that too without any explanation for having made the tweets despite restraint orders. The conduct of defendant no.1 shows that he has been utterly defiant of the orders passed by the said Court.
The court stated that this being the fit case where costs should be imposed on the defendant no.1 under Chapter XXIII Rule 1 of the Delhi High Court (Original Side) Rules. At the request of the defendant, the case is listed to be heard on 01.04.2024.
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Written by- Afshan Ahmad
