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* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ FAO(OS) 169/2024 & CAV 583/2024, C.M.Nos.69670-69674/2024
SLOWFORM MEDIA PVT. LTD & ORS. .....Appellants
Through: Mr.Saikrishna Rajagopal,
Mr.Himanshu Bajaj, Mr.Kushal
Gupta and Ms.Deepshikha Sarkar,
Advocates.
versus
ASISH MOHAPATRA & ORS. .....Respondents
Through: Ms.Bansuri Swaraj, Sr.Advocate with
Mr.Sanyam Khetarpal, Ms.Manya
Hasija, Ms.Lekha, Ms.Prakriti Anand,
Mr.Nitai Agarwal and Ms.Lisa
Sankrit, Advocates for R-1 to 5.
Ms.Malvika Trivedi, Sr.Advocate
with Hasija, Ms.Lekha, Ms.Prakriti
Anand, Mr.Nitai Agarwal and
Ms.Lisa Sankrit, Advocates for R-6.
CORAM:
HON'BLE THE CHIEF JUSTICE
HON’BLE MS. JUSTICE MANMEET PRITAM SINGH ARORA
O R D E R
% 29.11.2024
th
1. Present appeal has been filed challenging the judgement dated 15
October, 2024 passed by the learned Single Judge in I.A 42203/2024 in
CS(OS) 825/ 2024. The learned Single has allowed the aforementioned I.A
filed by the respondents (plaintiffs therein) under Order XXXIX Rules 1 & 2
CPC and directed the appellants (defendants therein) to take down from their
th
media platform, the article dated 07 October, 2024 bearing the title “Of
business co-founders and management allegedly assaulted an employee,
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says FIR” (“Impugned Article”) within a period of three weeks.
2. Though a number of contentions and submissions have been advanced
by learned counsel for the appellants, yet this Court is of the view that the
appellants have an alternative effective remedy of filing an application under
Order XXXIX Rule 4 CPC, especially keeping in view the observation of
the learned Single Judge in the impugned order itself that the observations
therein are prima facie.
3. At this stage, learned senior counsel for the respondents state that they
would not press their contempt petitions till the appellant’s application under
Order XXXIX Rule 4 CPC, which is proposed to be filed by the appellants,
is decided.
4. Consequently, the present appeal along with the applications is
disposed of giving liberty to the appellants to file an application under Order
XXXIX Rule 4 CPC within three working days. In the event such an
application is filed, the learned Single Judge is requested to decide the same
in accordance with law as expeditiously as possible preferably within four
weeks, without being influenced by any observations made in the impugned
order.
5. This Court clarifies that it has not commented on the merits of the
controversy. The rights and contentions of all the parties are left open.
MANMOHAN, CJ
MANMEET PRITAM SINGH ARORA, J
NOVEMBER 29, 2024
KA
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 03/12/2024 at 10:21:55