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ASHA MENON
Convergytics Solutions Pvt. Ltd. – Appellant
Versus
Randhir Hebbar – Respondent
JUDGMENT
[VIA VIDEO CONFERENCING]
1. This order shall dispose of two applications, namely, I.A. 7119/2021 under XXXIX Rules 1 & 2 CPC filed by the plaintiffs seeking interim relief and the application I.A. 8364/2021 under Order VII Rule 11 CPC filed by the defendants No.1 & 2 seeking rejection of the plaint.
2. Since the opposition by the defendants No.1 & 2, to the grant of interim injunction in favour of the plaintiffs, is premised on the stand taken in the application under Order VII Rule 11 CPC, namely, that this Court has no jurisdiction, and the suit is barred by law, it is considered appropriate to dispose of both the applications by this common order, the contentions being common.
3. Before proceeding further, certain facts may be noted. The suit has been filed for damages and permanent and mandatory injunction, inter alia seeking to restrain Defendants Nos.1 and 2 from making defamatory statements and spreading malicious falsehoods, committing unlawful and tortious interference with the business of the plaintiffs and indulging in breach of privacy of the plaintiffs and its employees. The plaintiff No.1, Convergytics Solution Pvt. Ltd. is a duly incorporated company actin
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.
Point of law: Trial Court has committed an error in not considering the issue of jurisdiction as to whether the plaint is maintainable for want of jurisdiction and on perusal of the order of the Tria....
Defamation claims must be substantiated with evidence; interim injunctions can be granted to restrain publication of statements deemed severely defamatory.
Freedom of speech does not extend to defamation; defendants must remove false content to protect rights.
Trademark infringement claims must prevent confusion in the marketplace, emphasizing the necessity for injunctions when identical marks are used in overlapping services, particularly in a global cont....
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