Delhi High Court restrains Aniruddha Malpani from making defamatory comments against WhiteHat Jr

The Delhi High Court on Tuesday passed an ad interim injunction restraining investor Aniruddha Malpani from making any defamatory comment and statements against rival edutech platform, WhiteHat Jr and its employees (WhiteHat Jr vs Anuruddha Malpani)..A single Judge Bench of Justice Mukta Gupta also directed that certain tweets made by Malpani be taken down by him. .In these tweets, Malpani had called WhiteHat Jr a "racket", compared it to a pig and accused it of being shameless and stealing from code.org etc..The interim order was passed in a defamation suit filed by WhiteHat Jr against Malpani. The suit also alleges infringement of trademark and passing off. .This was the second such order passed by the Delhi High Court in two days. The court had, on Monday, directed Pradeep Poonia to take down certain tweets and YouTube videos against WhiteHat Jr following a defamation suit by the kids coding platform. .Appearing for WhiteHat Jr, Senior Advocate Neeraj Kishan Kaul argued that Malpani, an investor in rival edutech businesses, had launched a slanderous campaign against the platform on social media. ."There is completely disparaging tweeting and reporting on our business model..No one is denying free speech. Problem is when you cross the Laxman Rekha of fair criticism," he said. .Referring to a series of tweets in which Malpani called WhiteHat Jr a liar, a cheat, a slimy hypocrite and other objectionable names, Kaul asserted that the endeavour was to bring down a business which targeted the same audience. .Kaul submitted that while free speech was at the heart of a democracy, the same did not protect disparagement. .He also pointed out that the 'right to reputation' was a protected right under Article 21 of the Constitution and Right to Privacy. .Advocates Rajashekhar Rao and Shwetasree Majumdar supplemented Kaul and urged the court to look at Malpani's conduct and tweets after an order was passed against another person in a similar matter, Pradeep Poonia. .Delhi High Court directs Pradeep Poonia to take down tweets, YouTube videos against WhiteHat Jr.In defence, advocate Yadunath Bhargavan representing Malpani asserted that Malpani was a highly educated person, to which the Court replied:."How does it matter? The most illiterate person can be the most well mannered..deal with everybody.. for me everyone is the same.".Bhargavan explained the submission was made in light of the allegation of cancellation of license by Maharashtra Medical Council. The court, however, said that the same was beyond the scope of the present case. .Defending Malpani's comments and statements on Twitter, Bhargavan remarked, ."Here's a 12 billion dollar start-up saying it will not take dissent..".Bhargavan further asserted that since the plaintiff (WhiteHat Jr) and the defendant (Malpani) reside in Mumbai, the suit was not maintainable in Delhi..During the course of the hearing, the court also made some pertinent remarks on the functioning of social media platform, Twitter. ."On social media, people are encouraged to speak unsubstantiated.. you retweet something thinking it is a gospel truth,"the rourt remarked. .The Court added, ."I cannot get out of the fact that he's retweeting posts of a person he doesn't know.. and still, stake claim that I'm right..".As a prima facie opinion, the court held that irreparable harm would be caused to WhiteHat Jr if an ad-interim injunction is not granted. .Stating that the balance of convenience was in favour of WhiteHat Jr, the court restrained Malpani from making any further disparaging comments. .The court also issued summons to Malpani in the suit and the interim application. . The matter would be heard next on January 14. .[Read the entire account of the hearing here]