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2018 Supreme(Del) 993

IN THE HIGH COURT OF DELHI AT NEW DELHI
MUKTA GUPTA, J.
Gmr Infrastructure Ltd. - Plaintiff
Versus
Associated Broadcasting Company Pvt. Ltd. & Ors. - Defendants
IA 4351 of 2016 (u/O XXXIX R 1&2 CPC) in CS(OS) 165 of 2016
Decided On : 29-01-2018

Advocates Appeared:
For the Plaintiff : Mr. Abhinav Vasisht, Sr. Adv. with Mr. Abhinav Agnihotri, Ms. Priya Chauhan, Mr. Sourabh Gupta, Advs.
For the Defendants : Mr. J.P. Sengh, Sr. Adv. with Mr. Buddy A Ranganadhan, Ms. Manisha Mehta, Advs., Mr. Raunak Jain, Adv.

Headnote:

Cable Television Network (Regulation) Act, 1995 - Section 20(3) - Programme Code under the Cable Television Network Rules - Rule 6 - Civil Procedure Code, 1908 - Order 39 Rule 1 & 2 - Malicious and defamatory story - Injunction, allowed - Story concerning the plaintiff was broadcast on the defendant's channel - Malicious and defamatory story - Plaintiff is a reputed company being a state-of-the-art company - Plaintiff has been granted the exclusive right and authority for performing the functions of operating, maintaining, developing the Indira Gandhi International - Broadcasting of story regarding the functioning and operations of IGI Airport as modernized by DIAL - Show reported the financial discrepancies that are taking place in IGI and Mumbai Airport managed by plaintiff - Held, there is a prima facie case of defamation in the Show - Court directed the defendants to remove the Story from all electronic/online mediums.

Cable Television Network (Regulation) Act, 1995 - Section 20(3) - Programme Code under the Cable Television Network Rules - Rule 6 - Defamation - Broadcasting - Jurisdiction - Defendant has its registered office in Hyderabad - Complete functioning of the Telugu channel which broadcasted the Show is from Hyderabad - Office in New Delhi is small - Impugned broadcast done from Hyderabad studio - Broadcasts the shows all across the country, including New Delhi - Cause of action arose in New Delhi when the Show was broadcasted - Broadcast of the Show, among other places also took place in New Delhi within the local limits of this Court's jurisdiction - This Court is vested of the territorial jurisdiction to try the present suit.

JUDGMENT :

1. Through IA 4351/2016, (under Order XXXIX Rule 1 & 2 CPC), GMR Infrastructure Ltd., hereafter referred to as “plaintiff”, seeks to restrain defendants, their representative, employees, agents, assignees, or any other person acting on their behalf or at their behest from re-broadcasting or uploading, in any manner, in any TV channel/Website owned, operated or controlled by the defendants, the story concerning the plaintiff, which was broadcast on the defendant’s channel TV9 on 30th March, 2016, hereafter referred to as “Story”. Plaintiff further seeks directions to defendants to remove the said malicious and defamatory story from all electronic/online mediums including website www.youtube.com and all other channels/websites. Plaintiff also seeks to restrain defendants, their representative, employees, agents, assignees, or any other person acting on their behalf or at their behest from re-broadcasting or uploading, in any manner, in any TV channel/Website owned, operated or controlled by the defendants the story concerning the plaintiff, in any manner, either through electronic medium or print in any TV channel/Website/newspaper etc., owned or controlled by the defendants without verifying the correctness of the facts from the plaintiff.

2. Plaintiff is a company incorporated under the Companies Act, 1956. Plaintiff pleads that it has established presence in developing various infrastructure projects, including energy, roads, and airports, both in India and abroad. Over the time plaintiff has cultivated a reputation of being a state-of-the-art company.

3. Defendant No. 1, Associated Broadcasting Company Pvt. Ltd., is a company incorporated under the Companies Act, 1956 involved in broadcasting the TV channel “TV9” with its office at 21, Natya Ballet Centre, 3rd Floor, Bhai Vir Singh Marg, Gole Market, New Delhi. TV9 is broadcasted throughout the country, including New Delhi. Defendants 2-10 are all working for gain at Defendant No. 1 under various designations and capacities. According to the plaintiff, defendants No. 2-10 are all involved in determining the contents broadcast on TV9.

4. Plaintiff together with five other companies joined a consortium named Delhi International Airport Pvt. Ltd., (in short “DIAL”). DIAL has been granted the exclusive right and authority for performing the functions of operating, maintaining, developing, designing, constructing, upgrading, modernizing, financing, and managing the Indira Gandhi International (IGI) Airport. DIAL also possesses the exclusive right and authority to perform services and activities constituting Aeronautical Services and non-aeronautical services at the airport pursuant to an Operation, Management, and Development Agreement (in short “OMDA”), signed on 4th April, 2006 between DIAL and the Airports Authority of India (in short “AAI”).

5. It is the case of the plaintiff that pursuant to the OMDA, DIAL completed its work in modernizing IGI Airport, which deserves to be commended. DIAL’s work has fetched it inter alia over 30 national and international awards. IGI airport has been ranked the world’s best airport by Airport Council International’s (ACI) on Airport’s Service Quality (ASQ) and today is talked about in case studies across the world’s leading business schools, including IIMs, ISB and Cambridge.

6. On 3rd March, 2016, defendant through its TV channel, TV9 broadcasted story regarding the functioning and operations of IGI Airport as modernized by DIAL. In its plaint, plaintiff contends that the imputations/statements made in the story are concocted, distorted, scandalous, figment of imagination, which have been intentionally incorporated in the story to harm the interests of the plaintiff and present distorted and incorrect facts to the reading public, broadcast with the intention of hurting the name, reputation, and goodwill of the plaintiff. Plaintiff has submitted a table of defamatory imputations/statements along with the purported factual position. Plai







































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