Delhi High Court Directs Removal Of Social Media Posts Claiming Dead Insect Found In AMUL Ice Cream Tub
The Delhi High Court directed a woman to remove social media posts claiming dead insect being found in the Ice-cream Tub of the famous dairy brand, AMUL.
The Court was dealing with a suit filed by Gujarat Cooperative Milk Marketing Federation Limited against its customer named Deepa Devi.
A Single Bench of Justice Manmeet Pritam Singh Arora ordered, “Defendant nos. 1 and 2 are directed to forthwith remove the social media posts uploaded by them on defendant no. 1’s Twitter/X account titled @Deepadi11 at the address set out in the prayer clause nos. (i) and (ii), within 3 days from the date of passing of this order. The defendant nos. 1 and 2 are restrained from posting and uploading any content identical or similar to the said post on the above Twitter/X account or any other social media platform including Facebook, Instagram and YouTube until further orders.”
The Bench further restrained her from publishing or causing to publish any content with regard to the AMUL or its product anywhere on the internet or in print or electronic media until further orders.
Senior Advocate Sunil Dala appeared for the plaintiff while Advocate Neel Mason represented the defendants.
Facts of the Case -
The defendant woman via her social media posts in June month this year, claimed to have found a dead insect inside the ice-cream tub of AMUL which was purchased by her. It was contended on behalf of the plaintiff that numerous stringent quality checks are employed by AMUL at every stage from procurement of raw milk from the farmer till the manufacturing of the ice cream at the state of art ISO certified plants, till the loading of finished product in specially designed temperature controlled refrigerated vans. It was further submitted that the stringent quality checks, completely and absolutely, ensures that no physical, bacterial or chemical contamination whatsoever, is introduced to the product and also, ensures that each product conforms to the standards laid out by the Food Safety and Standards Authority of India (FSSAI).
It was also submitted that a stringent inspection is done at every stage right from milking the cattle till packaging and loading, and a stringent quality inspection is carried out. It was therefore, stated that it is absolutely impossible for any foreign substance, let alone an insect, to be present in an AMUL ice cream tub packed at the facility. The defendants were served with summons personally, on their e-mail addresses, and even on WhatsApp. The matter was firstly called out in the morning session of the High Court and since none appeared for the defendants, it was passed over to await their presence. However, even on the second call, none appeared for the defendants.
The High Court after hearing the submissions made by the plaintiff observed, “The wilful non-appearance of defendant nos. 1 and 2 despite service of summons leads to this Court to believe that on a prima facie consideration of the facts set out in the plaint and materials placed on record, the plaintiff has made out a case for interim orders. The non-appearance of defendant nos. 1 and 2 evidences their unwillingness to participate in the forensic examination and verification of their claims of the dead insect made in the social media posts uploaded on 15.06.2024. The plaintiff has categorically challenged the said assertions and defendant nos. 1 and 2’s non-cooperation and absence before this Court gives credence to the plaintiff’s submission. The balance of convenience at this stage, therefore lies in favour of plaintiff and against the defendant nos. 1 and 2.”
The Court further directed that in case the defendants fail to take down the social media posts within three days, the plaintiff shall be at liberty to write to delete the said posts as uploaded on social media platform.
Accordingly, the Court listed the case on July 22, 2024.
Cause Title- Gujarat Cooperative Milk Marketing Federation Limited v. Deepa Devi & Ors.
Appearance:
Plaintiff: Senior Advocate Sunil Dalal, Advocates Abhishek Singh, Jamal Anand, Azisha Sharma, Elvin Joshi, Shashwat Tyagi, Mahabir Singh, Namish Bhati, and Nikhil Beniwal.
Defendants: Advocates Neel Mason and Ekta Sharma.