Delhi HC Directs AI+ Smartphones Founder To Appear Over Alleged Suppression In Injunction Against TechWiser

The Delhi High Court on Wednesday directed the personal appearance of Madhav Sheth, founder of NxtQuantum Shift Technologies India Pvt Ltd, trading as AI+ Smartphones, after hearing allegations that the company suppressed material facts and used incorrect contact details while obtaining an ex parte injunction against tech reviewer Prateek Rai of TechWiser.

Justice Tushar Rao Gedela passed the direction while hearing Rai's application seeking vacation of the April 28 order restraining him from publishing allegedly disparaging content about AI+ Smartphones.

Appearing for Rai, counsel alleged that the plaintiff deliberately ensured no defence would appear when the injunction was first sought by using a “completely fictitious” email address for him in the suit, despite having previously communicated with TechWiser at its correct official email address.

Counsel pointed to documents showing that the company had sent a takedown notice to TechWiser's correct email address in April and had also invited the channel to product launches and product reviews using the same contact details in March. However, when the suit was filed, the memo of parties allegedly listed a different email address for Rai.

“Just to make sure we don't appear, he puts my anchor's name, Mr. Prateek Rai. And an email id, which is completely fictitious,” counsel submitted, alleging this was done to “ensure that nobody appears on Day 1 to defend what they have done.”

Rai's counsel also questioned the plaintiff's inclusion of “John Doe” defendants, arguing that the company could not claim ignorance of the relevant parties while simultaneously describing Rai and TechWiser in detail in the plaint, including his subscriber base and digital presence.

Taking note of the allegations, Justice Gedela ordered for the persinal appearnce of Sheth.

“Please have your client the day after tomorrow for answer... this kind of a thing, we are not going to permit. Let nobody be under this impression that they can pull the wool over our eyes. We are going to dispel this notion,” the judge said.

Addressing the plaintiff's counsel, the court further remarked: “You say you don't know who the John Doe's are... he knows the correct id, because his takedown notice was sent to the correct id.”

Rai's counsel described the suit as a SLAPP action, or strategic lawsuit against public participation, aimed at silencing criticism around the company's product launch.

The dispute stems from a TechWiser review challenging AI+'s public claims around data privacy.

Rai's counsel argued that the review raised issues of public importance, alleging that hidden Chinese apps remained on the device despite the company's assurances about data security.

“Our review shows that there are hidden Chinese apps... people are buying this product on the basis of their marketing representation that data is safe... but our analysis, our review shows that there are actually hidden Chinese apps where everything is going out,” counsel submitted.

Rai sought immediate vacation of the April 28 injunction, but the court declined, saying the plaintiff must first be heard.

“Not unless we see the entire thing... if we have to suspend, then we will have to hear them,” Justice Gedela said.

The court is also considering applications seeking the substitution of TechWiser Media in place of Rai personally as a defendant.

The matter will be heard further after the plaintiff responds to the allegations.