Court holds material cause of action arose in Mumbai, allowing suit to seek injunction against fraudulent social media impersonation
In a significant judgment dated October 23, 2026, the Bombay High Court, presided over by Mr. Rajesh S. Patil, J., granted leave under Clause XII of the Letters Patent, 1865 to Leena Gandhi Tewari, Chairperson of USV Private Limited, to institute a suit against unknown persons operating fake Facebook accounts impersonating her identity.
The petitioner approached the court after discovering on September 1, 2026, multiple fraudulent Facebook pages and accounts falsely assuming her name, image, and professional identity. These fake accounts were misleading the public and inducing them to send money on false assurances of monetary benefits, thereby causing reputational harm to the petitioner and misleading the public.
The petitioner resides and predominantly conducts business in Mumbai and first discovered these impersonating accounts within the city. The court noted that the impugned fraudulent accounts were accessible to the public in Mumbai, and the petitioner's goodwill and reputation are substantially connected to the city. Furthermore, the second respondent, Meta Platforms Inc., which owns Facebook and Instagram, has an office in Mumbai, strengthening the court's jurisdictional claim.
The petitioner sought a mandatory injunction directing the removal and takedown of the fake Facebook pages/accounts and all related content hosted thereon. Additionally, she requested directions to relevant authorities to block public access to these impersonating accounts.
The Bombay High Court, upon considering the submissions, held that a material part of the cause of action arose within its jurisdiction since the injury to the petitioner's goodwill and reputation occurred in Mumbai, where the petitioner resides, discovered the fake accounts, and where the impugned content was accessible. The court emphasized that the presence of respondent no. 2's office in Mumbai further supported its jurisdiction.
Accordingly, the court allowed the leave petition, thereby permitting the petitioner to proceed with the suit against the respondents for appropriate reliefs including the removal of fraudulent social media accounts impersonating her.
This judgment underscores the court's recognition of the harm caused by social media impersonation and affirms the jurisdictional principles applicable in such cases, especially where the plaintiff's reputation and business are rooted in the jurisdiction.
Bottom Line:
Leave under Clause XII of the Letters Patent, 1865 granted where material part of cause of action arose in Mumbai in a suit seeking directions against fake and impersonating Facebook accounts misusing petitioner's identity and reputation.
Statutory provision(s): Letters Patent Act, 1865 Clause XII
Leena Gandhi Tewari v. John Deo/Ashok Kumar, (Bombay) : Law Finder Doc Id # 3004079