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2006 Supreme(Del) 1070

High Court Of Delhi
Badar Durrez Ahmed
RBEF (RITNAND BALVED EDUCATION FOUNDATION) - Appellant
Versus
ALOK KUMAR - Respondents
CS (OS) 1063 Of 2005
Decided On : 07/03/2006

Advocates Appeared:
RAJIV NAYAR, RUCHIRA ARORA

Headnote:Evidence Act, 1872 Sections 12 & 55 - Suit for damages of Rs. 1 Crore on account of defamatory statements made by defendants - The alleged defamatory statements not referring to plaintiff in particular but towards the members of executive committee of plaintiff society Reputation of said members besmirched hi personal capacity - No injury caused to plaintiff - No cause of action for suit by plaintiff society - It was the individuals alone who could file suit for damages – Suit dismissed for want of cause of action.


BADAR DURREZ AHMED, J.

( 1 ) THIS is a suit for damages of Rs. 1 crore and permanent injunction. The damages have been sought on account of the alleged damage said to have been caused to the reputation of the plaintiff by the defendant's false and malicious statements, as also on account of losses allegedly caused to the plaintiff by the acts of the defendant in supplying confidential and privileged information/documents to certain parties which has resulted, according to the plaintiff, in filing of. frivolous cases against the plaintiff and also in the attaching of its accounts and orders of injunction against its properties. The relief of permanent injunction in favour of the plaintiff has been sought for restraining the defendant, his agents, accomplices, attorneys, etc. from making any oral or written statement, writing any letter, giving any interview containing any allegations against the plaintiff, its AMITY Institutions, its founder President, founder Trustee and office bearers, furnishing any information to any news channel/newspaper or to any business/education associates/collaborators of the plaintiff in India and abroad or to any person, organization and authority or publishing, disclosing or releasing any article/information, relating to the plaintiff, or its AMITY Institutions, its founder President, founder Trustee and office bearers or doing any act, which is injurious/harmful to the plaintiff. The plaintiff has also sought an award of costs in favour of the plaintiff and against the defendant.

( 2 ) THE plaint was registered as a suit on 4. 8. 2005. On the same day directions were given for issuance of summons to the defendant through ordinary process, as well as through Registered A. D. cover, returnable on 7. 9. 2005. When the matter came up on the returnable date, i. e. on 7. 9. 2005, it was observed by this Court that the defendant remains to be served. Although the report of service recorded by the process server was one of refusal, this Court found the same to be quite vague and one that could not be relied upon so as to hold that the defendant has been served. Accordingly, this Court by an order dated 7. 9. 2005, directed issuance of fresh summons and notice to be served upon the defendant on both the addresses given through ordinary process, registered A. D. post, approved courier, through e-mail and dasti also, returnable on 14. 11. 2005. On 14. 11. 2005, this Court observed that although the process issued through ordinary course has been returned unserved as the premises were found to be locked, an affidavit of service has been filed indicating that summons sent by courier has been returned with the refusal report and the defendant has been served through e-mail. In these circumstances, it was taken that the defendant had been duly served. By an order dated 23. 1. 2006, as the defendant did not appear despite service, the defendant was directed to be proceeded with ex parte. The plaintiff was directed to lead its ex parte evidence by filing affidavits. The plaintiff was also permitted to file documents. The matter was directed to be listed for exhibiting the same before the Joint Registrar on 13. 2. 2006. After the evidence affidavits were filed on behalf of the plaintiff and the documents were exhibited, the plaintiff's evidence was closed and the matter was placed before this Court. Thereafter, the matter was heard and judgment was reserved. Mr. Nayyar, the learned Senior Counsel who appeared on behalf of the plaintiff also requested that a brief synopsis be permitted to be filed. The permission was granted and the brief written synopsis was also filed.

( 3 ) THE plaintiff (Ritnand Balved Education Foundation) is a Society registered under the Societies Registration Act, 1860 (hereinafter referred to as RBEF ). The plaintiff, it is alleged in the plaint, is running various educational institutions in the name and style of 'amity' all over India. In Paragraph 2 of the plaint, it is averred that











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