The Delhi High Court has ordered the immediate removal of allegedly defamatory ‘ScamWallah’ social media posts targeting edtech firm PhysicsWallah, warning its former employee of strict injunction and serious judicial observations for continued disparagement.
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NEW DELHI: The Delhi High Court on Friday passed an interim order directing the removal of allegedly disparaging and defamatory content circulated on social media against popular edtech company PhysicsWallah by its former employee Nikhil Kumar Singh.
Justice Jyoti Singh passed the order in a suit filed by PhysicsWallah Limited seeking relief on grounds of defamation, trademark infringement, copyright infringement, passing off, dilution of goodwill, and unfair competition.
PhysicsWallah contended before the Court that Singh has been publishing derogatory posts referring to the company as ‘ScamWallah’ and ‘EmotionWallah’, while also misusing the image and name of the company’s founder to gain attention and misrepresent facts.
It was further submitted that Singh runs a coaching institute under the name ‘AIR CARTEL’, and that the impugned content was intentionally designed to damage PhysicsWallah’s reputation and goodwill built over the years.
Senior Advocate Amit Sibal, appearing for PhysicsWallah, argued that the company holds enforceable rights over a family of trademarks using the suffix “wallah”.
He emphasized the company’s mission-driven origin, stating that PhysicsWallah was built to provide affordable education to students preparing for Classes 6–12 and over 13 competitive examinations, particularly those unable to access expensive coaching.
In response, the Court remarked on evidence of pricing, highlighting judicial scrutiny even while hearing interim relief.
When questioned by the Court, counsel for Singh defended the posts as fair comment and fair criticism, claiming reliance on news reports. He also raised objections regarding territorial jurisdiction, citing that PhysicsWallah is based in Noida while Singh resides in Kolkata.
Justice Jyoti Singh, however, gave Singh a clear ultimatum: either voluntarily remove the content or face a detailed injunction order.
“Take it away yourself or you want me to pass an injunction order? If I injunct you, I will make observations on your conduct. It will not be a simple order,”
the Court warned.
Senior Advocate Sibal urged the Court to restrain Singh from making further disparaging posts, likening the situation to a recurring problem:
“Otherwise, it is like the ten heads of Ravan, you shoot one down and it keeps coming back.”
Taking note of the submissions, the Court granted an interim injunction directing the immediate takedown of all infringing and disparaging content from social media platforms.
The Delhi High Court has listed the matter for further hearing on March 27.
Appearance:
PhysicsWallah: Senior Advocate Amit Sibal, along with Mohit Goel, Sidhant Goel, Aishna Jain, Urvashi Singh, Shashwat Mukherjee and Ishaan Pratap Singh.
Case Title:
PhysicsWallah Limited Vs Nikhil Kumar Singh and Ors