IIPM Blocking Suit and Blocking Order
At this time I am posting the copy of the pleadings in Ruchir Sharma v. Google India 169/2012 alongwith the Order dated 28.01.2013. The case has been filed before the 2nd Additional Judge, Darba. It appears the block orders for several URL’s critical of IIPM and its founder were made pursuant to this Order.
The Order which is on the last two pages of the PDF is in Hindi and a translated copy of it is pasted below as well.
A unauthenticated translation of the Order dated 28.01.2013 is given below. I would stress that the translation cannot be relied upon in court proceedings and may contain errors, it is only for the use of communicating the order to the general public.
Plaintiff: Shri Vallabh Tripathi, through Advocate
Defendant №1& 2: Shri H.B Gupta, Advocate
Defendant №4 : Shri NK Shrivastava, Advocate
Defendant №3: None
The Plaintiff filed an Application under Order 6, Rule 17 and Order 1, Rule 10 of the Code of Civil Procedure( C.P.C) and one more application under Order 39, Rule 1 and 2 of CPC. The Defendants 1, 2 and 4 seek time to file replies. This is objected by the Plaintiff on the ground that Defendant continues to publish the defamatory material against the Plaintiff. In this connection, the defamatory speech as in Schedule 3 and Schedule 4 which lists the documents have been presented in this Court.
The Plaintiff has submitted that the Hon’ble Delhi High Court in Civil Suit 2305/2009, E-2 Labs Information Security Pvt. Ltd. and Others Versus Robert Petroni and Others and Civil Suit 1077/2011, Narang Association Versus Pranay Gambhir and Others by Order dated 6th November 2012, Order copies of which were presented in this Court, injuncted the publication of the defamatory materials and the Group Coordinator, Cyber Law Division, DIT, Ministry of IT has also been directed to block the defamatory websites till the next date of hearing.
In this matter, by Application dated 18.05.2012, the Plaintiff has submitted that despite the direction of the Court, the defamatory materials are being published. In the facts and circumstances of the case, till the next date of hearing, the defendants and the Group Coordinator be injuncted from publishing defamatory material and be directed to block the materials.
The Defendants shall file their Replies Under Order 6 , Rule17 and Order 1, Rule 10 and Order 39, Rule 1 and Rule 2 of CPC by 28th February 2013.
T.N Chand
IInd Additional District Judge, Dabra, Gwalior
