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2023 Supreme(Del) 2783

MINI PUSHKARNA
Pankaj Oswal Through His Constituted Attorney Mr. Sanjay Wall – Appellant
Versus
Vikas Pahwa – Respondent


Advocates appeared:
Mr. Kamal Mohan Gupta, Mr. Ambar Shehbaz Ansari, Mr. Aslam Khan and Mr. Gorakh Nath Yadav, Advocates, for the Petitioner.
Mr. A.S. Chandiok, Mr. Arvind Nigam, Mr. Sanjeev Kakra, Senior Advocates with Mr. Bharat Arora, Ms. Raavi Sharma, Ms. Simran Kohli and Ms. Vidushi Keshan, Advocates, for the Defendant.

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 P

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