Thread by @barandbench

Delhi High Court begins hearing WhiteHat Jr's plea against Aniruddha Malpani, the founder of several edutech start ups including Bibox.

The case is before Justice Mukta Gupta.

@whitehatjunior @malpani

#WhiteHatJr

I'm being led by Mr Kaul. He is before the Supreme Court: Adv Shwetashree Majumder for WhiteHat Jr.

Then it will go to the end of the board. Subject to any final hearing matter: Court

I've no issues : Counsel for Malpani.

Matter to be taken at the end now.

Hearing resumes.

#WhiteHatJr

Senior Advocate Neeraj Kishan Kaul appears for @whitehatjunior .

Adv Yadunath Bhargava for @malpani: We received the plaint last night.

Kaul: There is complete disparaging tweeting and reporting on our business model.

Court : Don't you think it's happening everywhere.

Kaul : The kind of debate on Times now.. I can't hear it .. the nature of debate has now become street like.

Disparagement has become a business model : Kaul

It should be discouraged. What is the law : Court

No one is denying free speech. Problem is when you cross the laxman rekha of fair criticism: Kaul

There is a difference between what is of interest to public and in public interest: Kaul

This is an angel investors investing in rival business model which is into animation, website development: Kaul

He is talking about false advertising. We are dealing with a person whose license was suspended by Maharashtra Medical Council for false advertisement: Kaul

@malpani

You are not making a fair comment from arm's length. You can't use the kind of words that you are using: Kaul

There is something which is per se defamatory. Then there is libel .. there are cases of parties who don't have skin in the game and make comments from arm's length: Kaul

In the third case also, the person has to show bona fide: Kaul

They may say that the kind of companies they're investing in are more hardware link things.. how do you stop the twitter rampage (after filing of suit ): Kaul

You call the person a liar, a cheater.. pig : Kaul

The examples are endless but I'll stick to 6-7: Kaul

Kaul shows comments on "Deconstructing #WhiteHatJr .. strategy to cheat parents", refrence to WhiteHat Jr as a pig, a racket

Everything ends with a racket : Kaul

They associate me with a man who is involved in an education scam : Kaul

Kaul shows more screenshots of the comments made by @malpani.

You say we are shameless and stealing when we have a business arrangement : Kaul

Kaul reads comment on #WhiteHatJr teachers being zero skilled.

Now he's criticising us for coming to court also.. : Kaul

They accuse us of muzzling free speech : Kaul

#WhiteHatJr

We are slimy hypocrites also and this is free speech : Kaul

#WhiteHatJr

Please have the next page where we are shown as Ravaan : Kaul

Court is informed that Ram in the picture was the defendant from yesterday ie Pradeep Poonia.

Fair criticism is the heart and soul of the democratic society .. does free speech support disparagement? .. is this free speech that the framers of the constitution envisaged ? : Kaul

Some form of injunction will have to be granted : Kaul

These are different rival models. The target and end game is the same. Your endeavour is you bring down a business model: Kaul

This person can't tell tell what bad or good advertising is. Can this person be permitted to malign a rival business model : Kaul

Even if he was not investing in rival business model, can any journalist, NGO, paper use the kind of language.. I may have a different opinion. I haven't seen anyone use words like pigs, liars in the name of fair criticism: Kaul

Per se defamation of this nature is something where nothing more needs to be shown : Kaul

Even where you come and say this was bona fide, still the person is required to take sufficient care to test its veracity: Kaul

Reputation is a protected right : Kaul

It is part of Art 21, right to privacy.. every case will turn of its own facts. It is not fair criticism. You are doing a great disservice to the cause of fair speech : Kaul

May I cite some judgements: Kaul

You are on Puttaswamy : Court

Yes: Kaul

Kaul lists more judgements.

There has to be some basis to what you are saying.. these are people with global reputation. There are academic, debatable issues- whether kids should spend so much time before computer.. I can understand fair criticism: Kaul

Kaul presses for interim injunction.

Majumdar seeks to show the tweets by @malpani last night.

There is some sanctity to court proceedings: Adv Rajashekar Rao.

Rao shows the tweets made by @malpani on yesterday's order in Poonia's case.

Attempt is being made to show we are in contempt but we are not: Bhargava

One doesn't know the order: Bhargava

What are you saying. It was in open court. You can find the order verbatim in tweets: Court

There is an earlier tying up. You don't find everyone's legal fee right.. but this is not going to affect your order. As judges, we know how to filter : Court

The court did dictate the order. It was reported in media.. : Rao

This tweet is against you.. He wants parity in amount of he is being sued for : Court

Prima facie, there was material to say that some tweets were to be take down : Rao

Conscious of the fact that his matter is tomorrow, he encourages all to retweet the tweets.. Mr Malpani has to be restrained completely. This conduct is malafide : Rao

Rao shows the tweets that were made in the last couple of nights by @malpani and Poonia.

@whiteHatSnr

Every submission here is out of turn : Bhargava

You will have your turn: Court

Rao continues to show the tweets.

I don't force or bully parents (unlike what is claimed) : Rao

He is soliciting support after there is an injunction by the court: Rao

Rao reads Poonia's reaction to the HC's order.

Rao reads more tweets.

There is pre filing conduct.. still creates a group, roast #whiteHatJrScam . Then once you are already before court, you must hold back and say whatever you have to say (before court) : Rao

Bhargava asserts that @malpani's educational credentials.

How does it matter? The most illiterate person can be the most well mannered: Court

I deal with everybody.. for me everyone is the same : Court

Allegation was made that his license is suspended: Bhargava

That's not the scope of the suit : Court

Everything goes back to fact that he is malicious because he is an investor: Bhargava

But is he an investor or not in edu start ups. Yes or no: Court

Non competitors, he has some relationship but I don't know. I'll have to take instructions. He is not an investor in competitive start ups : Bhargava

But it may be planning to enter the domain : Court

Please tell me your statement and I'll record: Court

He usually invests in healthcare start ups. He has invested in education start ups : Bhargava

We intend to make an application .. plaintiffs are resident in Mumbai. Defendant is in Mumbai. It is affirmed in Mumbai : Bhargava

The suit is for defamation and trademark infringement: Bhargava

Bhargava asserts that the Delhi High Court doens't have the territorial jurisdiction to hear the same.

Defamation law is wherever defamation happens, suit can be filed : Court

Bhargava says there is a judgement by Justice C Hari Shankar.

Judgement deals with social media defamation and where the suit can be filed against it.

When plaintiff and defendant reside in Mumbai and the suit can be filed in Mumbai, the suit is filed in Delhi. Same applies to trademark act. It cannot be Delhi HC: Bhargava

I agree that free speech has to be upheld which is being muzzled. Every tweet has to be sene in context: Bhargava

12 billion dollar start is on one hand and an IIT grad on the other: Bhargava claims that people wanted to start a public funding to support the litigation against Poonia.

Is something that is posted online always true?, Court asks

You yourself don't know if it is right or wrong: Court

It's happening day in and day out.. I'm responsible for myself and not third party : Court

What is being sold by #WhiteHatJr is that if you enroll, you will become Elon Musk. But they had to take it down. Same thing happened with Wolf Gupta: Bhargava

They are selling it to middle class people.. I'm a middle class person : Bhargava

You need someone who is very well at doing so .. that's where teachers come in .. we have something to show that they have a one mon teacher interview: Bhargava

Are you saying that someone's capability can't be judged in minute? Who are you to judge: Court

In a min the court can judge if an injunction has to be granted in a case : Court

On social media, people are encouraged to speak unsubstantiated.. you retweet it thinking it is a gospel truth: Court

This is twitter.. that is how twitter functions. One has to examine and if it is wrong. Social media allows crowd sourcing of information: Bhargava

Here is a 12 billion dollor start up saying I will not take dissent: Bhargava

He's saying I'm open to fair criticism but you can't call people cheats, pigs.. : Court

I cannot get out of the fact that he is right when he's retweeting posts of a person he doesn't know.. and still stake claim that I'm right : Court

I don't have Twitter account, Facebook.. Ny social media account. I don't watch TV: Court

That's a matter of trial.. or time might show that I was right : Bhargava

Alright I've to form a prima facie view here : Court

Kaul refutes the claim that Delhi HC doesn't have jurisdiction.

Kaul cites judgements to show that Delhi High Court does have jurisdiction.

Court starts dictating the order.

Court allows #WhiteHatJr to place evidence in a CD/pendrive.

Court issues summons to @malpani in the suit and the application.

Written statement be filed within 30 days.

Court says that the suit be listed on the same day as Poonia.

Majumdar urges for a seperate date.

Court agrees to hear on January 14, 2021.

Court records the submissions of the parties.

Court records #WhiteHatJr grievances.

Court records some of the tweets made by @malpani in the order.

Considering that some of the averments in the plaint are denied by @malpani and that as per him, the suit is not maintainable, defendant having not caused any harm, for which the defendant has to file his affidavit..: Court

A limited ad interim injunction is to be passed .. Malpani is restrained from making any comment against #WhiteHatJr which is defamatory in nature: Court

@malpani @whiteHatSnr

Court also directs that Malpani take down certain defamatory tweets as noted on the order.

These tweets pertain to calling #WhiteHatJr a "racket", pig and accusing it of being shameless and stealing from code .org etc.

I don't see any material to show trademark infringement .. unlike the previous case (against Poonia) who was using WhiteHatSnr : Court

Court takes note of more tweets to add to the order.

I will just ask you to take down. I'm not here to teach you what is defamation of suit : Court

Kaul presses for inclusion of a tweet on " bullying parents".

Let us see.. if we still insists and tomorrow he's not able to prove it, he will pay you compensation. This is not the end. Some facts need an affidavit: Court

We've been calling him Mr Bhargava. He's actually Mr Bhargavan : Rao

Hearing adjourned.

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

@whitehatjunior #WhiteHatJr
@malpani

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