Isha Foundation vs Google Llc & Ors.
- Court
- Delhi High Court
$~89
* IN THE HIGH COURT OF DELHI AT NEW DELHI
th
Date of decision: 28 JULY, 2026
IN THE MATTER OF:
I.A. 11822/2026
IN
+ CS(OS) 957/2024
ISHA FOUNDATION .....Plaintiff
Through: Mr. Rahul Sahay, Mr. Rishabh Pant,
Mr. Abhijeet Kr. Pandey and Mr.
Pratham Arora, Advocates
versus
GOOGLE LLC & ORS. .....Defendants
Through: Mr. Aditya Gupta, Ms. Vani Kaushik,
Advs. for D-1
Ms. K Vaijayanthi, Dr. Ram Sankar
and Mr. Nagender, Advocates for D-2
and 3
CORAM:
HON'BLE MR. JUSTICE SUBRAMONIUM PRASAD
JUDGMENT
I.A. 11822/2026
1. The present Application under Section 151 of the Code of Civil
Procedure, 1908 [“ CPC ”] has been filed by the Plaintiff seeking a
clarification of the Order dated 19.03.2026, by way of which this Court inter
alia allowed I.A. No. 30090/2025 filed by the Plaintiff under Order XXXIX
Rules 1 & 2 of the CPC and granted the following interim reliefs:-
Signature Not Verified
Signed By:HARIOM
SINGH KIRMOLIYA
Signing Date:30.07.2026
18:23:40
CS(OS) 957/2024 Page 1 of 5
“58. Accordingly, the Defendants No.2 and 3, their
associates, servants, agents, affiliates, assignees,
substitutes, representatives, their subscribers,
employees and/or persons claiming through them
and/or under them from creating publishing,
uploading, sharing, disseminating etc. any such
defamatory content, articles, videos until the next date
of hearing.
59. Defendants No.1 and 3 are also directed to bring
down the bring down the impugned videos and articles
which has been uploaded at the links as mentioned in
Para 10 and Paras 25 to 51 of the instant Application
being I.A. No. 30090/2025.
60. Any member of the public is also restrained from
uploading the very same video on any social media
platforms till the next date of hearing.
61. With these directions and observations, I.A.
No.30090 is disposed of.”
2. By way of the instant Application, the Plaintiff has sought a
clarification of certain directions passed by this Court at Paragraphs No. 58
and 59 of the Order dated 19.03.2026, to the extent that the same ought to
also include the 39 short videos and 5 English language videos which are
mentioned at Paragraph 10 of the Plaint.
3. It is the contention of the learned Counsel for the Applicant that
though the prayer is not happily worded, it in fact includes all those links
which are mentioned in Paragraph 10 of the Plaint. In support of its
Application, the learned Counsel for the Plaintiff submits that Paragraphs
No. 25 to 47 of I.A. No. 30090/2025, which under adjudication by this Court
on 19.03.2026, refers to 11 videos which were originally mentioned at
Signature Not Verified
Signed By:HARIOM
SINGH KIRMOLIYA
Signing Date:30.07.2026
18:23:40
CS(OS) 957/2024 Page 2 of 5
Paragraph No.10 of the Plaint. It is stated this Paragraph No.10 of the Plaint
also includes 39 short videos and 5 English language videos, content of
which is identical to the 11 videos mentioned in Paragraphs No. 25 to 47 of
I.A. No. 30090/2025.
4. Thus, broadly understood, the Plaintiff’s case is that since this Court
directed the Defendant Nos. 1 to 3 to bring down the Impugned Videos and
articles uploaded at the links as mentioned as mentioned in Paragraph Nos.
10 and 25 to 51 of I.A. No. 30090/2025, and Paragraph No. 25 makes the
Plaint a part and parcel of the said application, by extension, the links
mentioned at Paragraph No.10 of the Plaint should also have been
specifically mentioned in the Order dated 19.03.2026, as the contents thereof
are virtually the same.
5. Per contra , it is the contention of the learned Counsel for the
Defendants No. 2 and 3, that by way of the present Application, the Plaintiff
is actually seeking a review of the Order dated 19.03.2026 and the prayers
sought herein go beyond those made in I.A. No. 30090/2025. She further
submits that by way of the instant Application, the Plaintiff is attempting to
bypass the procedure and expand his prayers of interim injunction, which
have been already adjudicated in the Order dated 19.03.2026.
6. Heard the learned Counsels for the Parties.
7. Though this application is styled as one for clarification, it is in fact
one for modification. The Applicant herein is including links which are not
mentioned in the stay application, i.e., I.A. No. 30090/2025, but these links
which are mentioned in the Plaint have been referred to at Paragraph 25 of
I.A. No. 30090/2025, which makes the content of the Plaint a part and parcel
of the said application. Therefore, it cannot be said that the prayer in the
Signature Not Verified
Signed By:HARIOM
SINGH KIRMOLIYA
Signing Date:30.07.2026
18:23:40
CS(OS) 957/2024 Page 3 of 5
present application is alien to those in I.A. No. 30090/2025.
8. In the Order dated 19.03.2026, this Court had given a detailed
explanation as to why the direction for taking down of the Impugned Videos
and articles was passed. This Court also notes that the I.A. No. 30090/2025
made the contents of the Plaint as part and parcel of the said application.
Moreover, a close perusal of the Order dated 19.03.2026 shows that this
Court has specifically mentioned Paragraph No. 25 of I.A. No. 30090/2025
which directly refers to Paragraph No.10 of the Plaint and viewed the
content therein a per se defamatory. This, in the opinion of this Court, is
implication enough that the 39 short videos and 5 English language videos
do not require a separate adjudication, on account of them being a part of
I.A. No. 30090/2025.
9. Though it has been observed earlier that the instant Application is one
for modification/clarification of the Order dated 19.03.2026, this Court is of
the opinion that this modification is necessary in spirit of the Order dated
19.03.2026, and therefore, this Court is inclined to allow the instant
Application.
10. Resultantly, Paragraphs Nos.58 and 59 of the Order dated 19.03.2026
are modified to read as under:-
“58. Accordingly, the Defendants No.2 and 3, their
associates, servants, agents, affiliates, assignees,
substitutes, representatives, their subscribers,
employees and/or persons claiming through them
and/or under them from creating publishing,
uploading, sharing, disseminating etc. any such
defamatory content, articles, videos until the next date
of hearing.
Signature Not Verified
Signed By:HARIOM
SINGH KIRMOLIYA
Signing Date:30.07.2026
18:23:40
CS(OS) 957/2024 Page 4 of 5
59. Defendants No.1 and 3 are also directed to bring
down the bring down the impugned videos and articles
which has been uploaded at the links as mentioned in
Para 10 and Paras 25 to 51 of the instant Application
being I.A. No. 30090/2025, as well as the 39 short
videos and 5 English language videos mentioned at
Paragraph No. 10 of the Plaint.”
11. The Order dated 19.03.2026 is accordingly modified to the
abovementioned extent.
12. The Application is disposed of in the aforesaid terms.
13. Let this Order be read conjointly with the Order dated 19.03.2026 and
whenever a certified copy of the Order dated 19.03.2026 is applied for, a
copy of this Order be also supplied along with that Order.
CS(OS) 957/2024
List before the Roster Bench on 05.08.2026.
SUBRAMONIUM PRASAD, J
JULY 28, 2026
Prateek/AP
Signature Not Verified
Signed By:HARIOM
SINGH KIRMOLIYA
Signing Date:30.07.2026
18:23:40
CS(OS) 957/2024 Page 5 of 5