Delhi High Court Restrains Ashneer Grover From Making Defamatory Statements Against BharatPe, Orders Him To Take Down Tweets

The Delhi High Court on Friday restrained the Former Managing Director of BharatPe, Ashneer Grover, from making defamatory and derogatory statements against the fintech company or its office bearers or officials.

Justice Prathiba M Singh directed Grover to take down his tweets, including the one calling the SBI Chairperson petty, within 48 hours.

The court also directed Economics Times to take down its article published recently based on Ashneer Grover's letters written to the RBI Chairman.

The order comes in a defamation suit filed by BharatPe against Grover, his wife and others seeking recovery of Rs. 88.67 crores and to restrain them from making any defamatory statements against it on any platform.

BharatPe moved a fresh application alleging that Grover made certain fresh statements and tweets which is against two judicial orders passed by the court last year, as well as an undertaking given by him not to post similar posts in the future.

Senior Advocate Akhil Sibal appearing for BharatPe placed reliance on an article published by Economics Times on March 07 wherein based on Grover's letter to the RBI Governor alleging that the fintech company defrauded the regulator.

It was further alleged that the letter was not given to BharatPe but was tweeted by Grover. It was also alleged that Grover was making deliberate allegations against the Chairman of BharatPe who is a former SBI Chairperson.

On the other hand, Advocate Giriraj Subramanium appearing for Grover submitted that the article published by Economic Times was published based on his letters to RBI. However, he said that such a report cannot be stopped by Grover.

He further contended that the letter could have been sourced by Economics Times from any particular source and maintained the position that Grover did not hand it over to ET.

Perusing the publication and tweets in question, the court said that the same were prima facie violative of the judicial orders as well as Grover's undertaking.

“The defendant no. 2 (Grover), being a businessman and having been the founder of the plaintiff company, ought not to be making such tweets and derogatory remarks,” the court said.

It added that the tweet relating to calling the SBI chairperson petty was “completely avoidable “ as the same innuendo toward BharatPe's Chairperson.

In November last year, Grover tendered an apology for posting allegedly defamatory posts against the fintech company on social media and gave an undertaking of not doing so in future.

The coordinate bench had then bound Grover to the undertaking, subject to payment of costs of Rs.2 lakhs payable to the Delhi High Court Bar Clerk's Association. The court had said that it was appalled to note the “persistent violation” of judicial orders by Grover.

The defendants in the suit are Grover, his wife, his brother-in-law and father-in-law. BharatPe in the suit has accused Grover of running a "vicious campaign" against the company. 

BharatPe in the suit has sought damages of over Rs. 88 crores from the defendants. Among other reliefs, the suit seeks to restrain the defendants from making defamatory statements against the company.

Title: RESILIENT INNOVATIONS PRIVATE LIMITED v. MADHURI JAIN GROVER & ORS.

Citation: 2024 LiveLaw (Del) 311