Contemnor says she can't contain herself from putting defamatory tweets against Flipkart; Justice Gautam Patel warns of strict action

The Bombay High Court last week came down heavily on a party respondent for having defaulted in the undertaking given to the Court in a ₹5 crore defamation suit filed by Flipkart Internet Pvt. Ltd..Justice Gautam Patel was dealing with contempt petition which arose in a defamation suit by e-commerce platform Flipkart seeking damages to the tune of ₹5 crores with interest and an unconditional apology from the respondent - Sruti Dasgupta - for allegedly posting defamatory material on social media..Justice Patel told the alleged contemnor that he is always slow to use the power to issue notice of contempt of court, however, that was only because he tries to show mercy on the alleged contemnor and should not be mistaken for timidity. "I am always slow to use this power (law of contempt of court). But that slowness is not to be mistaken for reluctance or timidity. If, therefore, the Court has stayed its hands all this time, this is an act of clemency, not an indication of helplessness or ineffectiveness," Justice Patel stated in his order. .He also warned that if any party compels the Court to invoke that power then they ought to know that they alone would be responsible and be prepared to face the brunt of authority..The suit filed by Flipkart had been disposed of when Dasgupta gave an undertaking affidavit before the Court that she will "not engage in any further communication/ correspondence on the subject matter (remarks against Flipkart)" as she set out in her affidavit.However, when Flipkart came across similar remarks from Dasgupta again, they approached the High Court through the present contempt petition. .On July 20, 2021, when the contempt petition was moved, Dasgupta expressed her regret for not abiding by the undertaking, which she was aware of.She assured the Court that she will remove or delete all social media posts that are in contravention of her undertakings. On July 26, 2021, Flipkart informed the Court that such posts had in fact been retracted. .On August 4, 2021, however, Flipkart again approached the Court raising grievance that Dasgupta had sent several communications making allegations against them and now even their advocates. .Justice Patel recorded in his order that Dasgupta had persistently defaulted her undertakings by sending numerous emails (100 in 4 days) and tweets from one of her numerous Twitter accounts. "I say this because one look at the record indicates that a contempt notice could and perhaps ought to have been issued several weeks ago," Justice Patel said. .Dasgupta, however, expressed some form of helplessness and inability to control these actions, suggesting these were involuntary and she could not consciously contain herself. .Refusing to accept such submissions, Justice Patel clarified to Dasgupta that these were orders of the Court and were required to be followed without giving excuses like "breach was because of Defendant's helplessness". He stated if that was a reason, then "that person needs professional assistance or intervention and that person must seek it and avail of it". .The Court warned her for the last time, stating that if there is a repetition and a single infraction, she will have only have herself to blame. "I will have then no option but to bring to bear the full weight and authority of law, and, in particular the law of contempt of court. If she drives me to use that power, not only will she feel its full brunt and force, but she alone will be responsible for that state of affairs," Justice Patel cautioned..[Read contempt petition order].[Read suit order]