ground cannot seek continuation of the suit when the plaintiff is not desirous
thereof.
I reiterate that the decree sought being against defendant no.1
Herdsceneand, if any other journalist claims any right, would be free to exercise
the same and the plaintiff, if aggrieved therefrom will have his remedies
thereagainst.
12.
The senior counsel for the defendants no.2 and 3 viz. Instagram LLC and
Facebook Inc. and the senior counsel for the defendant no.5 Google Inc. have
contended that a decree in terms of prayer paragraph ‘A’ and ‘B’ of paragraph 45
of the plaint will affect their rights inasmuch as web links qua which orders are
sought are not only of defendant no.1 Herdsceneand but of several other entities
viz. Economic Times, Business Standard, etc. and who are not parties to the suit.
13.
The senior counsel for the defendant no.5 Google Inc. has also contended
that defendant no.5 Google Inc. is merely one of the search engines and the
impugned content is sought to be removed from the index of defendant no.5
Google Inc. only and not from the index of other search engines where also it
continues to be hosted on the host website of those publications.
14.
The senior counsel for the plaintiff states that under the decree sought in
terms of prayer paragraph 45 ‘A’ and ‘B’, no further removals than what have
already been effected pursuant to orders dated 18th September, 2019 and 30th
September, 2019 will be sought.
15.
The senior counsel for defendant no.5 Google Inc. has contended that the
question, whether in such cases defendant no.5 Google Inc. is a necessary party or
not and whether any action against defendant no.5 Google Inc. can be initiated
without impleading the host websites whose content the defendant no.5 Google
Inc. is merely indexing and making available on search being undertaken by any
individual, be left open for consideration in another appropriate case.
16.
Allowed.
CS(OS) 483/2019
Page 4 of 5