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2021 Supreme(Del) 1040

SURESH KUMAR KAIT
Uttam Chand Rakesh Kumar – Appellant
Versus
Derco Foods – Respondent


Advocates appeared:
Mr. Satyam Dwivedi, Advocate, for the Plaintiffs; Mr. Amit Pal, Advocate, for the Defendants

JUDGMENT

(Oral)

The hearing has been conducted through video conferencing.

IA No. 9019/2021 (u/O XXIII R 1 r/w Sec. 151 CPC)

1. The plaintiffs claim to be market leaders in the Tree Nut Industry, specialising in import and sale of dry fruits, especially almonds and engaged in the business for over 42 years, thereby establishing a goodwill and reputation in the industry. Plaintiffs are said to be having an international presence and conduct business in various countries including United States of America, Australia, Singapore, Hong Kong, Dubai, Iran, Turkey, Afghanistan and they were carrying business with defendant No. 1 herein.

2. According to plaintiffs, during the course of transactions between  plaintiffs and defendants some dispute arose and the contract was cancelled, however, defendants on 02.06.2020 published and shared with 1450 entities across the world, defamatory content against the plaintiffs. Another defamatory content was issued by the defendants against the plaintiffs on 22.06.2020.

3. The Plaintiffs have filed the present suit seeking, inter alia, permanent and mandatory injunction against the defendants from publication of false, misleading and defamatory content p

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