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IN THE HIGH COURT OF DELHI AT NEW DELHI CS(OS) 1080/2010 and IA No. 7357/10, 12194/2011 GIIS K12 EDUCATION PRIVATE LTD ..... Plaintiff Through: Mr. V.K. Rao, Sr. Advocate with Mr. Abhimanyu Bhandari and Ms. Aakanksha Munjal, Advocates versus GOOGLE INC and ANR ..... Defendant Through: Mr. Rajiv Nayar, Sr. Advocate with Mr. Akhil Anand with Mr. Praveen Sehrawat, Advs. for D-1 Mr. Nittin Bhatia, Adv. for D-3 CORAM: HON'BLE MR. JUSTICE MANMOHAN O R D E R 26.02.2013 IA No. 7357/10 The present suit has been filed with the following prayers:- ?a. pass a decree of permanent injunction in favour of the Plaintiff by restraining Defendant No. 1 to publish the said defamatory blogs; b. pass a decree of mandatory injunction against the publication of the blogs Global Indian International School Singapore: Parent?s Forum for a better GIIS http://forabettergiis.blogspot.com/ and GIIS (Malaysia) Parent Forum http://giismalaysia.blogspot.com/ and to block/remove the said blogs as per the notification dated 7.7.2003. c. issue mandatory direction to Defendant No. 2 to block/remove the said defamatory blogs immediately and to seek and obtain from Defendant No. 1 full information regarding the blogs and the persons who have posted the same as per the notification dated 7.7.2003; d. issue a mandatory direction restraining the Defendant No. 3 from publishing/posting any further defamatory material against the Plaintiff; e. issue a mandatory direction restraining the Defendant No. 3 from publishing/posting any further defamatory material against the Plaintiff; f. issue a mandatory direction to the Defendant No. 3 to remove from the public domain all defamatory material against the Plaintiff that he has published/posted; g. Pass any other further order/s as this Hon?ble Court may deem fit and proper? Mr. V.K. Rao, learned senior counsel for the plaintiff has drawn this Court?s attention to the blogs at pages 2 and 3 of Part-III file which read as under:- ?GIF is a bunch a corrupt, money making and sekf serving group, mostly hailing from one family.Education seems to be least of their concern and they are unable to retain good sincere talent.From 2006 till now, we have seen three faces -Mr.Achuthan Madhav, Mr.Gopalakrishnan and now Ms.Sharma. Classes are cramped and over crowded. No promise made has ever been kept.Whenever there is a big event- cricketers visit, minsiters visit- the entire GIF family from Singapore and Mumbai descend here, at our cost and go after promising tons! The Indian High Commission should probe in to the affairs of the school.......... ?Well this is good news. Many including staff have been disillusioned with the level of unprofessionalism trashed out at them by the school management. The hardworking ones are sidelined and made to feel like fools simply for being honest and straightforward in their dealings. Only the crooked can survive in this despicable environment. With so many good schools out there, i wonder why parents keep choosing to send their kids here. Please take heed of the complaints you read in these blogs unless you are prepared to be served substandard service from the management and admistrative staff who are consistently rude and lacking in customer service and ettiquette.? Mr. Rao, has also drawn this Court?s attention to the following blog at page 46 of Part-I File. ?The 45th Annual Day Sports day show cased the damned and sex starved former Physics Teacher who had to resign on the grounds of complaints of moral turpitude. PV again proved that he has the nerve to provoke the parent community by extending an invitation with a seat in the dais to symbolically throw an open challenge to the BHEL and Parents. What is the unholy alliance between PV and the Physics Teacher is a billion dollar question?. Probably GIF may have an answer!. This is nothing but an open and naked defiance by the School Head with little or no respect to moral values. ? This Court is prima facie of the opinion that the aforesaid three extracts are defamatory. Defendant No. 3 has specifically denied writing the aforesaid comments. A perusal of the documents reveals that they are written by an anonymous person. Consequently, as there is no individual or entity which is willing to defend the aforesaid impugned statements, this Court has no other option but to direct defendant No. 1, as an interim measure, to remove the aforesaid three paragraphs if hosted on their website. The plaintiff is also directed to provide to defendant No. 1, the URL of the blog referred to at page 46 of Part-I file. List the matter for further hearing on 08th July, 2013. Order dasti under the signature of the Court Master. MANMOHAN, J FEBRUARY 26, 2013 NG 14 $
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