The main legal point established in the judgment is the principle of absolute privilege for statements made by lawyers during judicial proceedings, providing complete defense against allegations of defamation.

JUDGMENT

Mini Pushkarna, J. The present is a suit filed on behalf of the plaintiff against defendant, who is a senior advocate, for declaration that the statement as made by the said senior advocate during the course of arguments in open Court, is defamatory. Thus, damages to the tune of Rs.2 crores have been prayed towards loss and harm caused to the reputation and goodwill of the plaintiff by the defamatory statement of the defendant. The following prayers have been made:

"a. Pass a decree declaring that the statement made by the Defendant on 14.07.2022, before the Learned Judge in Crl. Rev. Petition No. 554 of 2018 titled Pankaj Oswal v State of NCT of Delhi and Ors., in open court, as defamatory, infringing the Fundamental Right of the plaintiff under Article 21 of the Constitution of India;

b. Pass a decree of Permanent Injunction restraining the Defendant and his associates, agents, representatives, and those acting under the Defendant from fabricating and/or disseminating any false and prejudicial imputations, directly or indirectly, against the Plaintiff;

c. Pass a decree of Mandatory Injunction directing the Defendant to submit an unequivocal and unconditional apology to the Plaintiff for making false, unwarranted, and defamatory statements and imputations, causing damage and harm to the reputation of the plaintiff, against the Plaintiff;

d. Pass a decree in favour of the Plaintiff, directing the defendant to pay to the Plaintiff an amount of INR 2 Cr. as damages towards loss & harm caused to the reputation and goodwill of the Plaintiff by the defamatory statements/imputations of the Defendant against the Plaintiff;

e. Pass an order awarding exemplary costs and costs of the Suit in favour of the Plaintiff and against the Defendant;

f. Pass such other, 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. It is the case on behalf of the plaintiff that he is a highly acclaimed businessman belonging to one of India's most accomplished business families. His father, Late Mr. Abhey Kumar Oswal was a leading industrialist of his time, being the promoter, shareholder and director of the Oswal Group of Companies comprising of Oswal Agro Mills Limited (OAML) and Oswal Greentech Limited (OGL).

3. The relevant facts as given in the plaint are that the plaintiff prior to 2001 was acting as the full time director of Oswal Chemicals and Fertilisers Limited, now Oswal Greentech Limited (OGL). He was looking after day to day affairs and was responsible for taking the business decisions. In or around 2001, the plaintiff moved to Australia in order to establish and expand the Oswal Group Companies business. Even after moving to Australia, the plaintiff maintained healthy and cordial relations with all his family members and continued to enjoy a good reputation amongst his friends, business associates and society in general.

4. The father of the plaintiff, Mr. Abhey Kumar Oswal expired intestate on 29.03.2016 while travelling in Russia. He was survived by his Class-I legal heirs which included the plaintiff herein, his mother, his younger brother and his sister.

5. On 31.03.2016, plaintiff along with his wife and children flew to India to attend and perform the last rites of his late father. On 03.04.2016, the "rasam pagri" ceremony was performed as per Hindu rituals. The plaintiff being the eldest son, was bestowed with the "pagri" in the presence of more than 1200 persons of the Oswal community, relatives and family members.

6. After the ceremony, the plaintiff and his family members including his mother and siblings discussed the modalities for taking forward the family legacy. A consensus was arrived at between the parties that the joint family properties left behind by his father, would be managed by the plaintiff. Thus, based on the discussion held on 03.04.2016 with his mother and his siblings and in order to formalise the consensus a