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2023 Supreme(Cal) 1304

HARISH TANDON, PRASENJIT BISWAS
Soumendra Kumar Biswas – Appellant
Versus
Sheshadri Goswami – Respondent


Advocates Appeared:
For the Appellant : Mr. Jishnu Chowdhury, Mr. Souradeep Banerjee, Mr. S.K. Banerjee, Ms. S. Sinha.

JUDGMENT :

Harish Tandon, J.

Despite the service having effected upon the respondent there is no appearance on their behalf. The supplementary affidavit filed by the plaintiff/appellant containing various documents revealing that the address at which the service is effected is the address shown by the respondent and, therefore, the service should be treated to have been effected upon them.

2. We, thus, proceeded to dispose of the appeal in their absence as they did not appear despite the service having effected upon them.

3. The present appeal arises from an order dated 7th January, 2023 and 16th January, 2023 passed by the learned Civil Judge, Senior Division, 5th Court, Alipore in MS no. 13 of 2023 filed by the appellant claiming compensation/damages for the defamatory statement made against him by the defendants along with the permanent injunction restraining the defendant/respondent from publishing and/or approaching the persons of the society with the notion that the plaintiff has been disclosed in relation to the affairs of the then company in which he held the post of a Director. The entire claim in the plaint is founded upon a purported letter dated 1st December, 2022 claime

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