Delhi High Court: In an application filed by the Gujarat Cooperative Milk Marketing Federation Ltd. (‘GCMMF’) seeking forensic examination of the Amul vanilla ice cream tub shown by defendants 1 and 2 in their social media posts, a Single Judge Bench of Manmeet Pritam Singh Arora, J. passed an ad interim ex parte order and directed the defendants 1 and 2 to remove the social media posts uploaded by them within three days.
Background
GCMMF sought a forensic examination of the Amul Vanilla ice cream tub packed on 15-04-2024 which was shown having a centipede by defendants 1 and 2 in their social media posts.
GCMMF stated that such forensic examination could be conducted by any government laboratory including the laboratories authorized by the Food Safety and Standards Authority of India (‘FSSAI’).
It was stated that such forensic examination would effectively determine the date of demise of the centipede alleged to have been found in the ice cream tub, and this would help ascertain whether a centipede was indeed present in the tub before it was sealed and packed in the premises of GCMMF.
On 01-07-2024, the Court issued notice to defendants 1 and 2 and directed to file a reply to the application before the next date of hearing, i.e., 04-07-2024.
On 04-07-2024, the matter was called twice but no appearance was made on behalf of the defendants. GCMMF submitted that from procurement of raw milk from the farmer to the manufacturing of the ice cream at the state of art ISO certified plants, till loading of the finished product in specially designed temperature-controlled refrigerated vans, numerous stringent quality checks are employed by them at every stage.
It was submitted that the stringent quality checks completely and absolutely ensure that no physical, bacterial, or chemical contamination whatsoever is introduced to the product and also, that each product conforms to the standards laid down by the FSSAI. It was contended that because of these checks, it was impossible for any foreign substance, let alone an insect, to be present in an Amul ice cream tub packed at the facility.
Further, it was stated that GCMMF was willing to investigate the matter to ascertain the accuracy of the claims of the defendants, but even after their representative personally met with defendants 1 and 2, they refused to make available the subject Amul ice cream tub packed on 15-04-2024 for testing.
It was contended that the defendants had not made any formal complaint to any statutory authority and that the claims made by them in their social media posts were false and incorrect. It was also contended that the fact that defendants 1 and 2 had shown their unwillingness to cooperate in the testing of the said ice cream tub and had failed to appear before the Court despite being duly served with summons, substantiates the contentions that the claims were not genuine and had been made with oblique motives.
GCMMF prayed for the reliefs sought against the defendants to be granted ex parte and also, that in case defendants 1 and 2 fail to comply with the directions of the Court, to grant them liberty to write to defendant 3 to take down the impugned posts.
Analysis and Decision
After perusal of the record, the Court stated that GCMMF had made out a prima facie case for grant of an interim ex parte order. The Court stated that defendants 1 and 2 were given an opportunity to appear before the Court to make good their case as sought to be canvassed in their social media posts uploaded on 15-06-2024. However, the Court stated that the defendants elected not to appear to justify the posts.
Further, the Court stated that the willful non-appearance of defendants 1 and 2 evidenced their unwillingness to participate in the forensic examination and verification of their claims of the dead insect as was made in the social media posts. It was also stated that the non-cooperation and absence of defendants 1 and 2 gave credence to GCMMF’s submission and therefore, the balance of convenience was held to be in favour of GCMMF.
Accordingly, the Court directed defendants 1 and 2 to remove the social media posts uploaded by them on defendant 1’s X account within three days of passing of this order, and restrained defendants 1 and 2 from posting and uploading any content identical or similar to the said post on any social media platform.
The Court restrained defendants 1 and 2 from publishing or causing to publish any content anywhere on the internet, print, or electronic media regarding GCMMF or their product with respect to the incidents mentioned in the plaint until further orders.
It was also directed by the Court that in case defendants 1 and 2 fail to take down the social media posts within three days, GCMMF shall be at liberty to write to defendant 3 to delete the said posts on their social media platform.
The matter has been further listed on 22-07-2024.
[Gujarat Cooperative Milk Marketing Federation Ltd. v. Deepa Devi, 2024 SCC OnLine Del 4602, Order dated 04-07-2024]
Advocates who appeared in this case :
For Plaintiff — Sr. Advocate Sunil Dalal, Advocate Abhishek Singh, Advocate Jamal Anand, Advocate Azisha Sharma, Advocate Elvin Joshi, Advocate Shashwat Tyagi, Advocate Mahabir Singh, Advocate Namish Bhati, Advocate Nikhil Beniwal
For Respondent — Advocate Neel Mason, Advocate Ekta Sharma
