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2022 Supreme(Del) 70

ASHA MENON
Sanjiv Bansal – Appellant
Versus
Manish Bansal – Respondent


Advocates:
Advocate Appeared:
For the Plaintiffs : Mr. Manish Kaushik, Mr. Ajit Singh Joher.
For the Defendants : Mr. Maneck Mulla, Ms. Anuja Jhunjhunwala, Mr. Priyank Kapadia, Mr. Harsh Thadani, Mr. Ghanshyam Joshi, Mr. Chirag Joshi.

ORDER :

1. The present order has been necessitated on account of the submissions made on behalf of the defendant that the suit was not maintainable under Order VII Rule 11(d) of the Code of Civil Procedure, 1908 (‘CPC’ in short). Both sides have filed their written submissions along with cited case laws which I have considered in addition to the submissions made by learned counsel.

2. Before proceeding further, it may be noted that the suit has been filed with the following prayers:

    “(a) Pass a decree of permanent injunction restraining the defendant, its agents, servants, employees, officers, associates, representatives, attorneys and all acting for and on its behalf from writing, circulating, speaking, publishing or making any demeaning remark/material against the Plaintiff or engaging in any conduct which causes mental pain and agony to the Plaintiff.

(b) Pass an order for damages of Rs. 3,00,00,000/- (Rupees Three Crores Only), or such further amount as may be ascertained by this Hon'ble Court for causing mental pain, stress, agony, torture and cruelty to the Plaintiff.

(c) Pass an Order directing the Defendant to withdraw the said ex facie demeaning, derogatory, false and wrong all

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