1. The plaintiff has instituted this suit for recovery of Rs.1 crore, jointly and severally from defendant no.1 Kabushiki Kaisha Toshiba, defendant no.2 Hathway Investments Ltd., being the owner of Outlook Magazine, defendant no.3 Deepak Shourie, President & Publisher of Outlook Magazine, defendant no.4 Vinod Mehta, Editor-in-Chief of Outlook Magazine and defendant no.5 Parveen Anand, Advocate, on account of compensation for defamation, pleading (i) that the plaintiff has been continuously and regularly manufacturing and selling domestic appliances under the brand name “TOSIBA” since the year 1975 and currently has an annual sales turnover of approximately Rs.15 crores; (ii) that the trade mark of the plaintiff “TOSIBA” has also been registered with the Trade Mark Registry; (iii) that there are a number of cases pending in various Courts between the plaintiff and the defendant no.1 Kabushiki Kaisha Toshiba in respect of the said trade mark wherein the defendant no.5 Parveen Anand, Advocate is representing the defendant no.1; (iv) that three marks “TOSHIBA” of the defendant no.1 have been rectified and the appeals against rectification have also been dismissed; however the appeals f

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