Delhi High Court Questions Invoking Personality Rights Over Investment Scammers Using AMC CEO's Photo

The Delhi High Court on Thursday questioned whether the alleged misuse of an Asset Management Company's CEO's photograph in an investment scam could be pursued as a personality rights claim, observing during the hearing that the allegations appeared to concern impersonation.

Justice Jyoti Singh made the observation while hearing a suit filed by Aditya Birla Sun Life AMC Limited against unidentified persons allegedly operating fraudulent WhatsApp investment groups.

Counsel for the company submitted that the fraudsters created WhatsApp groups offering investment tips before directing users to fake investment applications.

According to the submissions, when investors attempted to withdraw their money, they were asked to deposit additional amounts before their funds would be released. Counsel described it as "a complete scam" designed to "siphon off money."

The plaintiff alleged that the fraudsters used Aditya Birla Sun Life AMC's name, logo and trademark to make the groups appear genuine. They also allegedly used the name and photograph of the company's Managing Director and CEO, A. Balasubramanian, as the display picture of one of the WhatsApp group administrators.

At this stage, Justice Singh asked the plaintiff what legal rights it claimed had been violated.

When counsel responded that the defendants had used the company's trademarks and its CEO's photograph, the court asked, "Are we now confusing personality rights with CEOs of companies?"

Counsel replied that the defendants had used the CEO's actual photograph to make the WhatsApp groups appear genuine and falsely suggest an association with Aditya Birla Sun Life AMC.

Referring to the pleadings, counsel submitted that the defendants had impersonated the company's Managing Director and CEO by misusing his name, identity, photograph and professional credentials.

The court observed, "It's impersonation. It's not voice, likeness etc."

Counsel reiterated that the defendants had used the CEO's actual photograph while impersonating the company.

Counsel then took the Court through screenshots of one of the alleged WhatsApp groups and referred to a table listing 22 such groups allegedly created by the defendants. According to the submissions, the screenshots showed the disputed display picture and the details of the group administrators.

During the hearing, the court found that several pages referred to by counsel were blank in the court record despite having been uploaded.

Justice Singh observed that this could create difficulties in complying with Order XXXIX Rule 3 of the Code of Civil Procedure, which requires a party seeking interim relief to serve the injunction application and supporting documents on the opposite side.

The court directed the AMC to file an additional affidavit later the same day to place the missing pages on record and listed the matter for further hearing tomorrow.