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2012 Supreme(Del) 2480

M.L.MEHTA
Subhash Motwani and Another – Appellant
Versus
Frankfinn Management Consultants – Respondent


Advocates:
Through:Mr.Ashok Gurnani, Advocate., Through:Mr.Chetan Sharma, Sr.Advocate with Mr.Sameer Mendiratta, Advocate for R1.Mr.M.N.Dudeja, APP for R2.

JUDGMENT :

M.L. Mehta, J.

1. The present petition assails the summoning order dated 27.06.2005 passed by the Ld. MM in CC No. 297/1 titled “M/s Frankfinn Management Consultants v. Subhash Motwani & Anr”.

2. The brief facts of the case are that the Complainant company is engaged in Basic Cabin Crew Training and job assistance to its trainees. It is alleged that the Petitioners started similar training courses in the name and style of M/s. Institute of Hotel Cargo and Tourism Management (IHCTM) wherein the Petitioner No. 1 is director. It is further alleged that both the petitioners are Editors of an in-house journal in the name of “Opportunities today”. The petitioners wrote and published an article in the said journal in September 2001 issue titled as “Flight of Fancy Crash Courses of Crashing Hopes”. The said article allegedly contained incorrect and defamatory content and provided a distorted picture of the complainant/respondent. The article contained material projecting the complainant/respondent No. 1 as making the students a scapegoat and thereafter extracting money from them. It is alleged that the article was published with a mala fide intent as the Petitioners and Complainant











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