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2001 Supreme(Cal) 617

BHASKAR BHATTACHARYA
VIJAY PAHWA – Appellant
Versus
BRATATI MUKHERJEE – Respondent


Advocates Appeared:
D.SHOME, I.P.MUKHERJI, R.KAPOOR

BHASKAR BHATTACHARYA, J.

( 1 ) THE defendant in a suit for defamation has come up with the instant application for rejection of plaint on the ground that even on the basis of averment made in the plaint, the same is liable to be rejected.

( 2 ) THE plaintiff has filed the instant suit claiming Rs. 5 crore as damages for defamation and his case as made out in the plaint may be summarized thus: (1) The plaintiff is an ophthalmologist of repute and a leading practitioner in the said field. He has chamber at 2. Russel Street. Calcutta and residence at Flat No. 9h, 67 Park Street Calcutta. (2) The plaintiff is also a trustee of charitable organization named 'sarala Pahwa Memo-rial Eye centre which treats eye aliments at minimal and/or at no cost. (3) On January 20, 2000 at about 8. 30 a. m. , the defendant, an income Tax Officer with a team of several persons came to the chamber of the plaintiff while he was examining his patients and started conducting raid, search and seizure and such raid continued till 6 a. m. on the next day. (4) After interrogating the plaintiff for about an hour the defendant left the sitting room of the plaintiff and went to the waiting room and loudly uttered





















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