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ASHA MENON
Fiitjee Limited – Appellant
Versus
Vidya Mandir Classes Ltd. – Respondent
JUDGMENT
Asha Menon, J. - LA. 16137/2021 (of plaintiff u/O XXXIX R-1&2 CPC for interim relief)
1. This order will dispose of I.A No. 16173/2021 under Order XXXIX Rules 1 & 2 of the Code of Civil Procedure, 1908 ('CPC' in short) filed by the plaintiff for interim relief. 2. I have heard the submissions of Mr. Sudhir Nandrajog, learned senior counsel for the plaintiff, Mr. Jayant K. Mehta, learned senior counsel for the defendant No. 1, Mr. Rajiv Nayar, learned senior counsel for the defendant No. 2 and Mr. Aditya Gupta, learned counsel for the defendant No. 9 and considered the material on record and the cited case laws.
3. The plaintiff describes itself as a company registered under the Companies Act, 2013, constituted in the year 1992 for the purpose of imparting quality education to students so that they gain adequate skills to secure admission to various premier educational institutions in the country such as the Indian Institute of Technology. It claims to have developed a unique method of teaching and formulating various programs, which ensures a high rate of success amongst its pupils in gaining admission to these premier institutions of higher education. Over a period of time,
The main legal point established is that while the defense of justification requires evidence and should be determined at trial, the use of strong and offensive words in a defamatory context can impa....
Defamation claims must be substantiated with evidence; interim injunctions can be granted to restrain publication of statements deemed severely defamatory.
The court found the plaintiff established a prima facie case of copyright infringement, while defendants claimed fair use and truth defenses for defamation, necessitating a trial to assess merits.
The court ruled that the right to freedom of speech takes precedence over defamation claims unless a strong prima facie case is established, underscoring the necessity to balance fundamental rights.
Interim injunctions must meet the triple test: prima facie case, balance of convenience, and irreparable loss; ex-parte orders are justified in defamation cases where urgent protection is needed.
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