IN I.A. 9975 OF 2023 IN CS (COMM) 331 OF 2023- DEL HC- Delhi High Court refuses to grant interim relief to FIITJEE coaching institute that had sought ex-parte injunction against Allen Coaching Center for allegedly ‘stealing credit’ for the success of a student
Justice Chandra Dhari Singh [12-06-2023]

Read Order: Fiitjee Limited  v.  Allen Education And Management Services Pvt. Ltd

Simran Singh

New Delhi, June 13, 2023: The Delhi High Court has denied interim relief to the famous coaching institute FIITJEE wherein they had sought ex-parte ad-interim injunction against Allen Education and Management Services, seeking restraining them from publishing images and advertisement on Facebook or any other Social Media Platform or Print Media, directly or through the student in question, claiming credit for the success of the student in JEE (Mains) 2023 examination, who was also made a defendant (Defendant no 6) in the suit.

It was contended that the student Malay Kedia, opted for FIITJEE’s ‘Four Year Classroom Program for IIT-JEE (Advanced)-Weekend Contact Classes’ and had enrolled himself in one of its coaching centres in 2018 wherein he attended classes till September 2022 and stopped after 7th October 2022.

The Single-Judge Bench of Justice Chandra Dhari Singh stated that the print news that was relied upon by FIITJEE did not show that Allen Coaching Institute, on its own accord, attempted to make commercial profits from the success of the student. “As such, the news articles reproduced are the interviews given by defendant no. 6 Student discussing his success story and not attributing his success to either of the parties.”

The Court stated that while adjudicating upon a claim regarding temporary injunction under Order XXXIX of the Code of Civil Procedure, 1908 CPC, the Court was to be satisfied of the three well settled tests of strong prima facie and balance of convenience in favour of the applicant and irreparable injury likely to be caused to him. The Court stated that it did not find any of the submissions made on behalf of the plaintiff strong enough to satisfy that an irreparable injury would be caused to the plaintiff in case the injunction was not granted. “The institutions like the plaintiff intake thousands of students every year who appear for competitive examinations and often the students may decide to drop or discontinue with the coaching. There is no reason strong enough in favour of the plaintiff which would invite the grant of an injunction by Court under Order XXXIX Rules 1 and 2 of the CPC, when the plaintiff has failed to satisfy the tests settled in law. Moreover, the learned counsel for the plaintiff has failed to show that the balance of convenience lies in the favour of the plaintiff and against the defendant.”

The Bench noted that the student was no longer enrolled with FIITJEE and that he had ceased to be their student prior to appearing for the JEE Mains exams, and was of the view that “Therefore, any interview or statement that may be given by him qua his examinations or the results thereto will anyways not include the history of his studies and will not in any manner prejudice, injure or affect the plaintiff irreparably.”

The Bench stated that the success of any student was the result of his hard labour and the infinite efforts he had put into the goal he had set to achieve. “Therefore, dragging a child in a litigation driven by commercial interest between two competing coaching institutions claiming credit for the success of a child is an insult to his endless efforts and cannot be permitted.”

The Court also said that there was nothing to show that a renowned institute like FIITJEE had to be apprehensive about which shall bring any kind of bad name to it. “The institute is only apprehensive that certain time that the student has spent in with them will not be rewarded by way of commercial accreditation and validation, which in my considered view does not at all warrant a relief from temporary injunction as stipulated under Order XXXIX of the CPC.”  The matter was adjourned for hearing on 27-07-2023.