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ROBIN PHUKAN
E. Eighteen. Com Ltd – Appellant
Versus
FITJEE Ltd – Respondent
JUDGMENT :
Heard Mr. D. Das, learned Senior Counsel assisted by Mr. M. Sarma, learned counsel for the appellants and Mr. U. Hazarika & Mr. J. Roy, learned Senior Counsel assisted by Mr. R. Hazarika, learned counsel for the respondent.
2. As agreed by learned counsel for both the parties, it is proposed to dispose of FAO No. 31/2024 along with the I.A.(C) No. 2175/2024, by this common judgment and order.
3. This appeal, under Order XLIII Rule 1(r) read with Section 151 of the Code of Civil Procedure (C.P.C.), is directed against the impugned ex-parte interim order dated 19.04.2024, passed by the learned Civil Judge (Senior Division) No. 3, Kamrup (M) at Guwahati in Misc. (J) Case No. 362/2024, arising out of Title Suit No. 204/2024.
4. It is to be noted here that vide impugned ex-parte interim order, dated 19.04.2024, the learned Civil Judge (Senior Division) No. 3, Kamrup (M) at Guwahati had directed the opposite parties/defendants, their agents, representative, assigns or any other person related to them from posting, publishing or circulating any posts that amounts to disparagement of services of petitioner/plaintiff as well as immediately take down the impugned articles dated 12.0
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.
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.
Appellate courts should not interfere with a trial court's discretionary grant of an ex-parte ad interim injunction unless the order is shown to be arbitrary, capricious, or perverse. Procedural defe....
The court must record reasons for granting ex-parte injunction without notice, making this requirement mandatory for valid exercise of jurisdiction.
Injunction – While granting ad-interim injunctions in defamation suits, potential of using prolonged litigation to prevent free speech and public participation must also be kept in mind by courts.
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