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IN THE HIGH COURT OF DELHI AT NEW DELHI
V. Kameswar Rao, J.
Experion Developers Private Limited - Appellant
Versus
Up Television Network Private Limited - Respondent
Civil Suit (Os) No. 27 of 2018; Interlocutory Application No. 1107 of 2018, 5041 of 2019
Decided On : 26-05-2020
The court did not refer to any specific acts or sections in its judgment.
Fact of the Case:
The plaintiff, a real estate company, filed a suit against the defendant, a television network, for telecasting a defamatory report about the plaintiff's newly launched project. The plaintiff claimed damages for loss of reputation and sought an injunction against further telecast of the report. The defendant failed to file a written statement and was proceeded ex-parte. The court found the report to be defamatory and awarded damages of Rs. 5 lakhs to the plaintiff. The court also granted an injunction restraining the defendant from telecasting the report and ordered the removal of the report from its website and social media platforms.
Finding of the Court:
The court held that a company can sue for defamation as it has a reputation for good conduct of business. The court also held that the plaintiff had established that the report was defamatory and had been published. The defendant's failure to file a written statement prevented it from justifying the allegations made in the report. The court further held that the plaintiff's reputation was of value to its business and that damages should compensate for the loss of reputation and vindicate the plaintiff's good name. The court awarded damages of Rs. 5 lakhs to the plaintiff.
Ratio Decidendi: A company can sue for defamation as it has a reputation for good conduct of business. In a defamation suit, the plaintiff must establish that the words are defamatory and have been published. The defendant has the burden of proving justification or truth, which it failed to do in this case. Damages should compensate for the loss of reputation and vindicate the plaintiff's good name.
Result: The court awarded damages of Rs. 5 lakhs to the plaintiff and granted an injunction restraining the defendant from telecasting the defamatory report. The defendant was also ordered to remove the report from its website and social media platforms.
JUDGMENT
V. Kameswar Rao, J. - This suit has been filed with the following prayers: "(a) Pass a decree of permanent injunction restraining the Defendant, its associates, sister concerns, agents, officers, representatives, correspondents, employees and/or any other person or entity from publishing, re-publishing, carrying out reports or articles or telecasts or publicizing or disseminating in any manner directly or indirectly the Defamatory Report, in any form whatsoever including without limitation, print, television, social media, digital, Youtube, Facebook, Twitter and directing the Defendant to remove and cause the removal of the same from all forms of media, including online and digital media, Youtube, Facebook, Twitter.
(b) Pass a decree awarding damages in such sum as may be determined by this Hon''ble Court upon the Plaintiff''s assessment of the impact of the Defamatory Report on the Plaintiff''s business, in any event, not less than Rs.2.25 crores.
(c) Pass a decree awarding payment of all cost of the suit to the Plaintiff, including the legal costs.
(d) Pass such order, further orders, directions and decree, as this Hon''ble Court may deem fit in the facts and circumstances of this case and in the interest of justice."
2. The facts as noted from the plaint and so contended by Mr. Anil Airi, learned Sr. Counsel, are that the plaintiff is a company incorporated under the Indian Companies Act, 1956 having its registered office in F9, First Floor, Manish Plaza 1, Plot No.7, MLU, Sector 10, Dwarka, New Delhi. The plaintiff Company is engaged in the business of real estate projects, construction and development business. The plaintiff Company was formerly known as Gold Developers Pvt. Ltd. The Plaintiff changed its name to its present name vide fresh incorporation certificate dated January 23, 2012. The plaintiff is a wholly owned subsidiary of Experion Holdings Pvt. Ltd. Singapore, which is the real estate investing arm of AT Holdings Group, Singapore.
3. According to Mr. Airi the defendant is a Company with its registered office at Uttar Pradesh Television Network, Halwasiya Court, 5th Floor, 11, Mahatma Gandhi Marg, Hazratganj, Lucknow, Uttar Pradesh having another office at 10/74, Bahar-B, Sahara State, Jankipur am, Lucknow.
4. Mr. Airi stated that plaintiff has made substantial investments in India and is undertaking several prestigious residential and commercial projects including:
i. "The Windchants Project" of 23 acres based in Gurugram (563 Units) with a total saleable area of 23, 32, 171 (approx.) sq. ft. with an average base selling price of Rs.6,432 (Gross Rate) per sq. ft. in relation to sold inventory,
ii. "The Headstrong" of 15 acres in Gurugram (811 Units) with a total saleable area of 14, 83,442 sq. ft. with an average base price of Rs.5,905 (Gross Rate) per sq. ft. in relation to sold inventory,
iii. "The Westerlies" of 100 acres Township project in Gurugram with a total plot area of 2,60,982.36785 sq. yds. with an average base selling price of Rs.48,666 (Gross Rate) per sq. yds. in relation to sold inventory,
iv. "Experion Milestone Centre" which is commercial project of 4 acres in Gurugram.
He stated that it has development rights across India and is planning to develop townships, group housing projects, commercial projects, retail, hotels and resorts across Delhi NCR, Andhra Pradesh, Haryana, Goa, Maharashtra, Punjab, Tamil Nadu and Uttar Pradesh.
5. According to Mr. Airi, the plaintiff Company is a reputed as well as a recognized player in real estate industry and has won many awards such as:
I. Debutant of the year 2013 in Realty Plus Excellence Awards, 2013, New Delhi
II. Best Residential Project-Future in Cityscape Global Awards 2013, Dubai UAE
III. Best Apartment India in Asia Pacific Property Awards 2014- 2015, Kuala Lumpur
IV. Highly Commended Architecture in Asia Pacific Property Awards 2014-2015, Kuala Lumpur.
6. Mr. Airi stated that the cause of action for filing the present suit arose on Janu
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