Declutter Media Llc v. Pushkar Raj Thakur & ANR.

$~32 * IN THE HIGH COURT OF DELHI AT NEW DELHI + FAO(OS) 109/2025, CM APPL. 61780/2025 (Stay), CM APPL. 61781/2025 (Ex. from filing of the certified copy of the impugned order) & CM APPL. 61782/2025 (Delay of 89 days in filing the appeal) DECLUTTER MEDIA LLC .....Appellant Through:

Mr. Shreyans Jain, Advocate.

versus PUSHKAR RAJ THAKUR & ANR. .....Respondents Through:

Mr. Muskaan Garg, Advocate for Respondent No. 1.

Ms. Mamta Rani Jha, Mr.

Rohan Ahuja, Ms. Shruttima Ehersa and Ms. Devangini Rai, Advocates for Respondent No.

2.

CORAM:

HON'BLE MR. JUSTICE ANIL KSHETARPAL HON'BLE MR. JUSTICE HARISH VAIDYANATHAN SHANKAR

O R D E R

% 26.09.2025 1.

The present Appeal, under Order XLIII Rule 1(R) read with Section 104 of the Civil Procedure Code, 1908 ["CPC"], read with Section 10 of the Delhi High Court Act, 1966, challenges the Order dated 27.05.2025 passed by the learned Single Judge in CS (OS) No. 353 of 2025.

2.

The Appellant assails the correctness of an ad-interim interlocutory order passed by the learned Single Judge, whereby the The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

following directions were issued to the Appellant:- "24.

It is accordingly directed that Defendant No. 2, his associates, servants, agents, affiliates, assigns, employees or any one acting on his behalf shall not create, publish, upload, share or disseminate defamatory videos against the Plaintiff, in any manner whatsoever, till the next date of hearing. Defendant No. 2 is further directed to take down the aforementioned four videos and/or any other video that is currently uploaded on the YouTube and/or is in circulation on any social media platform, within a period of two days from today. In case, Defendant No. 2 does not take down the defamatory videos from the YouTube channel, Plaintiff will be at liberty to report the same to Defendant No. 1 and on receipt of such intimation, Defendant No. 1 will bring down the videos within 48 hours."

3.

An Application under Order XXXIX Rule 1 and 2 of the CPC is presently pending before the learned Single Judge. 4.

The present Appeal has been filed along with an application for condonation of delay of 89 days.

5.

The suit, along with the application under Order XXXIX Rule 1 and 2 of the CPC are listed for hearing on 14.10.2025. 6.

In substance, the Appellant assails the correctness of the ex parte injunction order issued by the learned Single Judge approximately four months ago.

7.

The Appellant has a remedy of moving an application under Order XXXIX Rule 4 of the CPC for setting aside the ex parte injunction.

8.

In these circumstances, this Court is not inclined to interfere at this stage. The Appellant shall be at liberty to file an appropriate application under Order XXXIX Rule 4 of the CPC or request the learned Single Judge to take up the application for disposal on the next date i.e., 14.10.2025.

9.

In view of the same, the present Appeal shall stand dismissed. 10.

Accordingly, the present Appeal, along with pending The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

application(s), if any, stands disposed of in the aforesaid terms. ANIL KSHETARPAL, J.

HARISH VAIDYANATHAN SHANKAR, J.

SEPTEMBER 26, 2025/nd/va The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.