Dr S C Vats v. Shipra Singh & ORS

$~54 * IN THE HIGH COURT OF DELHI AT NEW DELHI + FAO (OS) 14/2020 DR S C VATS ..... Appellant Through:

Mr. Saket Sikri, Mr. Nikhil Singhvi, Mr. Kshitij Sharma, Mr. Ajay Pal Kullar and Mr. Abhinav Garg, Advocates.

versus SHIPRA SINGH & ORS ..... Respondent Through:

None.

CORAM:

JUSTICE S.MURALIDHAR JUSTICE TALWANT SINGH

O R D E R

% 04.02.2020 CM APPL. 4518/2020 (exemption)

1. Allowed, subject to all just exceptions.

FAO (OS) 14/2020, CM APPL. 4516/2020 (stay) and CM APPL. 4517/2020 (addl. Doc.)

2. The present appeal is directed against an order dated 31st January, 2020 passed by the learned Single Judge in IA No.1453/2020 in CS (OS) 41/2020, which is a suit filed by the present Appellant/Plaintiff against the Respondents/Defendants inter alia for a decree of permanent injunction restraining the Defendants from publishing or disseminating the defamatory material in the form an article/publication available at the URL of Defendant No. 2. The learned Single Judge has by the impugned order declined to grant

an ex parte interim injunction directing the Defendants to take down the offending article/publication.

3. Having heard Mr. Saket Sikri learned counsel appearing for the Appellant and having perused the impugned order of the learned Single Judge, the Court is not inclined to interfere with it.

4. Nevertheless, the Court clarifies that any observation made by the learned Single Judge in the impugned order on the nature and purport of the article and what it should be taken to imply, will be considered to be tentative and prima facie in nature, limited to the purpose of considering the Plaintiff's application for interim relief and will not be construed as a final opinion of the learned Single Judge.

5. The appeal is dismissed with the above observations. The pending applications are disposed of.

S. MURALIDHAR, J.

TALWANT SINGH, J.

FEBRUARY 04, 2020 pa