The court determined that in cases of electronic defamation, jurisdiction lies where the wrongful communication is felt, affirming that plaintiffs have a choice to sue where the offense occurred or where the defendant resides.

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ORDER :

The petitioner is before this Court calling in question an order dated 15-03-2025 passed by the XVI Additional City Civil and Sessions Judge, Bengaluru rejecting an application/I.A.No.II filed by the petitioner under Order VII Rule 10 of the CPC seeking return of the plaint to present it before the Court having jurisdiction on the score that the Court at Bengaluru in which O.S.No.1519 of 2023 is instituted is dehors jurisdiction.

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2. Heard Sri S. Sammith, learned counsel appearing for the petitioner and Sri S. Ramu, learned counsel appearing for the respondent.

3. Facts, in brief, germane are as follows: -

The petitioner is the defendant and respondent the plaintiff. The plaintiff was a Director of M/s PKN Caps & Polymers Private Limited and the defendant, the Company represented by its Chief Executive Officer. On 20-01-2023 one B.Chandrashekar, a former Director sent his resignation through e-mail to the Board of Directors of the defendant/Company. The petitioner, Chief Executive Officer, replies to the e-mail accepting the resignation and reminding Sri B.Chandrashekar about non-compete of certain obligations. The plaintiff replies that she had not signed any non-compete agreement and mentioned “if we know it we will share it”. The defendant then replies to the plaintiff’s mail explaining the duties and ethics expected of the Director. The mail did not restrict to the plaintiff, but a copy of which marked to all and sundry. On this score, the plaintiff institutes O.S.No.1519 of 2023 on 03-03-2023 alleging that the e-mail sent by the defendant caused her defamation by libel against the plaintiff and sought compensation for causing such defamation. The suit was instituted before the concerned Court. An application then comes to be filed by the defendant before the Court contending that the Court had no jurisdiction to adjudicate the suit, as the Company is in Ramanagara and all communications were in Ramanagara, therefore, the suit ought to have been instituted before the concerned Court at Ramanagara. The application comes to be rejected by the impugned order. The rejection of the application has driven the defendant to this Court in the petition.

4. The learned counsel appearing for the petitioner/ defendant would vehemently contend that the application under Order VII Rule 10 CPC ought to have been answered by the concerned Court in favour of the defendant, as admittedly all the communications between the parties have happened within Ramanagara; the Company is at Ramanagara; the plaintiff was working at Ramanagara and, therefore, the suit was not entertainable before the concerned Court. He would seek that the application under Order VII Rule 10 CPC be allowed and the plaintiff be directed to present the plaint at the jurisdictional Court at Ramanagara.

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5. Per-contra, the learned counsel appearing for the respondent/plaintiff would vehemently refute the submissions by taking this Court through the communications between the Company and the plaintiff, which according to him would clearly demonstrate that the copy of e-mail sent to the plaintiff is copied to several persons, some of whom at Bengaluru and some at Ramanagara. He would, therefore, contend that the Court at Bengaluru has jurisdiction to entertain the suit. He would seek dismissal of the petition.

6. The afore-narrated facts are a matter of record. The defendant / Company is the petitioner. The plaintiff was a Director of the defendant/Company. The respondent/plaintiff seeks to resign from the post of Director of the Company and, therefore, communicates a letter of resignation through e-mail. The letter of resignation and the e-mail trail between the Company and the respondent/plaintiff is as follows:

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“From: Krishna Kannur

Sent: 01 February 2023 11:54

To: Krishna Kannur

Subject: FW: Resignation

Regards

Krishna Kannur

Chief Executive Officer

PKN Caps & Polymers Pvt Ltd

Bangalore

Visit us at: www.pkncps.com

Ph: +91 966 338 5991

From:Krishna Kannur

Sent: 23 Jan 2023 11:42

To: M