Expression 'MBA Fraud Wala' Is Completely Derogatory: Delhi HC Directs 9 YouTubers To Take Down Slanderous Videos Against ‘MBA Chai Wala’
The Delhi High Court has directed 9 YouTubers to delete several defamatory and disparaging videos against MBA Chai Wala Pvt. Ltd. and its founder and director Praful Billore. In the matter it was alleged that the said videos which are uploaded on YouTube had used completely incorrect and slanderous expressions such as scam, fraud, etc. in respect of the plaintiffs.
Billore is a motivational speaker and an entrepreneur, who claims to be a well known face and a famous celebrity, who has set up the stores under the brand name and logo ‘MBA CHAI WALA’ with over 100 franchisees all over India.
A bench of Justice Pratibha M. Singh after viewing one of the videos observed that the expression ‘MBA Fraud Wala’ and others were clearly derogatory. “In the opinion of the Court, the Defendant Nos. 1 to 9 have not come forward to defend their position or to justify the said publication of the videos. Under such circumstances, Defendant Nos. 1 to 9 are directed to take down/pull down their videos on YouTube, if the same have not been deleted”, the bench noted in its order.
Senior Advocate Sunil Dalal appeared for the petitioners, and Advocate Avi Kalra appeared for the respondents.
In the pertinent matter, Google LLC (defendant no. 10) had entered appearance in the matter on August 18, 2023.
Pursuant to the notices issued against the defendants, it was informed that some of them had deleted the defamatory videos while three defendants had made the videos private on YouTube..
Accordingly, the bench directed that the impugned videos, on the YouTube platform to be removed within 72 hours by Google LLC, if the defendants nos. 1-9 do not comply with the orders passed by the Court.
The Court also took note of the fact that the plaintiffs do not press for damages and costs qua Defendant No.5 (theadityasaini).
“Let summons and notices be issued to the remaining Defendants i.e., 1-3 and 6-9 through e-mail. The Basic Subscriber Details (BSI) are stated to have been provided by Defendant No.10 to the Plaintiff. Upon the BSI details being provided, Plaintiffs are free to amend the memo of parties and seek summons and notices on any other contact details of the Defendant No. 1-3 and 6-9”, the bench further directed in the order.
Consequentially, the Court directed the matter to be listed before the Joint Registrar on 2nd November 2, 2023 and before the Court on February 2, 2024.
Cause Title: Praful Billore & Anr v. Baerojgar & Ors.