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"The balance of convenience also tilts in favour of the petitioner as he will suffer a greater inconvenience by refusal of grant of temporary injunction," court said
The Allahabad High Court on Friday passed an interim order restraining former Indian Police Service officer Amitabh Thakur and his wife, Nutan Thakur, prohibiting them from disseminating any information, videos, or content that could damage the reputation of former Indian Administrative Service officer Awanish Kumar Awasthi who is also chief advisor to Chief Minister Yogi Adityanath.
In a plea filed by Awasthi, the bench of Justice Subhash Vidyarthi passed the order. Awasthi challenged the order of a Civil Judge in Lucknow denying his request for an ex-parte ad interim injunction.
Awasthi had filed two lawsuits seeking perpetual and mandatory injunctions against the Thakurs following their social media posts alleging that Rs. 50 crores were stolen from Awasthi's bungalow in Uttarakhand.
Although the Thakurs deleted the posts and issued a public apology, Awasthi contended that they continued to make derogatory statements damaging to his reputation.
The high court recognized the seriousness of the claims, noting that the posts appeared prima facie defamatory and harmful to Awasthi's reputation.
Court emphasized that the balance of convenience favored Awasthi, stating that he would suffer greater harm without an injunction than the potential inconvenience to the Thakurs.
Court acknowledged that Awasthi could experience irreparable harm from ongoing defamatory statements, which monetary compensation cannot rectify.
"The matter requires consideration," court noted.
Court issued notice to the Thakurs and scheduled the next hearing for November 18, 2024. Until then, the Thakurs are prohibited from publishing any information, videos, or content damaging to Awasthi's reputation.
Case Title: Awanish Kumar Awasthi v. Amitabh Thakur And Another Matter
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