JUDGMENT :

P.T. ASHA, J.

Prayer: Judges Summons filed under Order XIV Rule 8 of the Original Side Rules read with Order XVI Rule 6 and Section 151 of the CPC praying to issue summons to Google LLC at 600 Amphitheatre Parkway Mountain view California 94043 United States of America and Google India Private Limited at No. 3 RMZ Infinity Tower E Old Madras Road 4th and 5th Floor Bangalore-560016 to produce all records relating to email dated 17.08.2019 from email Gmail account arul.viswanathan@gmail.com with subject Nomination submitted by Rtn. Ravi Raman from R.C Madras Coromandel for DGN 2022-23 Misrepresentation of facts Misleading Claims and Discrepancie in the Bio data submitted request disqualification of the candidature of Rtn. Ravi Raman.

1. The plaintiff who is the applicant in this application has taken out the same seeking the following direction:

“To issue summons to Google LLC at 600 Amphitheatre Parkway Mountain view California 94043 United States of America and Google India Private Limited at No. 3 RMZ Infinity Tower E Old Madras Road 4th and 5th Floor Bangalore-560016 to produce all records relating to email dated 17.08.2019 from G-mail email account arul.viswanathan@gmail.com with the subject “Nomination submitted by Rtn. Ravi Raman from R.C. Madras Coromandel for DGN 2022-23 Misrepresentation of facts, Misleading Claims and Discrepancies in the Bio data submitted - Request disqualification of the candidature of Rtn. Ravi Raman.”

Parties shall be referred to in the same array as in the suit.

2. Before discussing the contentions made in the application and the counter thereto, it is necessary to briefly allude to the facts which has given the cause of action to the plaintiff for instituting the suit in C.S. No. 541 of 2019.

3. The plaintiff is the member of the Rotary Club of Madras Coromandel since 1996 and on account of his involvement in the activities of the Rotary, he had been elected twice to serve as President, firstly for the term 2000-2001 and again for the term 2013 - 2014. The plaintiff in his plaint would submit that he has been an active participant in all the events and activities of the Club and in recognition of his participation in the various activities, he has been felicitated with numerous awards.

4. The plaintiff would contend that he had filed his nomination for the post of the District Governor of the Rotary and besides him there were two other candidates. It was clear from the initial forecast that the plaintiff was the forerunner in the elections. The elections were due to close on 15.09.2019.

5. The plaintiff would submit that he was informed by members of the Rotary who were his friends that the defendant had addressed an e-mail dated 17.08.2019 to the District Governor, Mr. G. Chandra Mohan, making several false defamatory allegations against the plaintiff. Though the mail was addressed to the District Governor it has been sent to all the Rotary members who had a vote in the elections. The plaintiff would submit that in the said e-mail, the defendant has tarnished the plaintiff’s image and it appears that the same was made with a view to impede plaintiff’s success in the elections. Pursuant to this e-mail many of the Rotary members who were friends and associates of the plaintiff have started withdrawing from his Company and had also informed the plaintiff that they wished to discontinue their association with the plaintiff. In fact, the plaintiff had received several phone calls enquiring about the veracity of the contents.

6. The plaintiff would further submit that he was unable to respond to the e-mail in view of the fetter placed by the Rotary bye-law 13.010 which prohibited candidates from entering into correspondence with the electorate. The plaintiff would submit that the defendant through his e-mail has successfully tarnished the image, reputation and good will that the plaintiff had built over the decades and the contents of the e-mail were per se defamatory.

7. The plaintiff had issued a