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2015 Supreme(Bom) 1384

G.S.PATEL
NATIONAL STOCK EXCHANGE OF INDIA LIMITED – Appellant
Versus
MONEYWISE MEDIA PRIVATE LIMITED – Respondent


Advocates Appeared:
Dr. Veerendra V. Tulzapurkar, Senior Advocate, with Mr. Viraag Tulzapurkar, Senior Advocate, Mr. Vikram Trivedi & Mr. Sachin Chandarana, i/b Manilal Kher Ambalal & Co., for the Plaintiff.
Mr. Bapoo Malcolm, for Defendant No. 1.
Ms. Sucheta Dalal, Defendant No. 2, in person
Mr. Debashish Basu, Defendant No. 3, in person.

JUDGMENT:-

1. This is an application for injunction in a defamation action brought by the National Stock Exchange (“NSE”), one of the two premier Stock Exchanges of this country. The NSE complains that an article published on 19th June 2015 by Defendants Nos. 2 and 3, Ms. Sucheta Dalal and Mr. Debashish Basu, on their online news and analysis journal or website moneylife.in, is per se defamatory. Ms. Dalal is the Managing Editor of Moneylife; Mr. Basu is its Executive Editor. Their article accuses the NSE of actively permitting, in circumstances that I will describe in somewhat greater detail shortly, illicit trading advantages being afforded to a select few using high-end technology. Much of what is alleged is very technical indeed, but the NSE’s case as presented by Dr. Tulzapurkar is that the assertions made by Ms. Dalal and Mr. Basu, even allowing for the fact that they were based on an anonymous letter dated 14th January 2015 addressed to the Securities & Exchange Board of India (“SEBI”) with a copy to Ms. Dalal, are in themselves reckless and defamatory of the NSE. The article clearly alleges illegality and criminality in the actions of the NSE. It goes further and accuses the






























































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