CALCUTTA HIGH COURT
xx, J
Silver Villa Constructions Pvt. Ltd. v. Makhan Karmakar
C.S. No. 244 of 2021
| Table of Content |
|---|
| 1. claims for damages stemming from alleged defamation due to publication. (Para 1 , 2 , 4) |
| 2. plaintiffs' assertion of financial loss and impact on business. (Para 10 , 23) |
| 3. the court's evaluation of the publication's defamatory nature. (Para 14 , 15) |
| 4. requirements for proving defamation and entitlement to damages. (Para 25 , 32) |
1. The plaintiffs have filed the present suit being C.S. No. 244 of 2021 claiming damages of Rs.2,00,00,000/- for loss of reputation, loss of business and loss of credential. The plaintiffs also claim for damages of Rs.30,00,000/- as loss of profit arising out of cancelled agreements and Rs.50,00,000/- for loss of anticipated profit on other projects which got cancelled or prospective customers never came forward.
2. The plaintiff No.1 is a company carrying on business as a real estate developer of diverse projects in and around Kolkata and West Bengal. The plaintiff No.1 in its usual course of business has acquired goodwill and reputation as a promoter. The plaintiff No. 2 is the Director of the plaintiff No.1 company. Since, the year 2008 till the filing of the suit, the plaintiffs have completed 16 numbers of real estate projects both commercial and residential in and around state of West Bengal. As per the case of the plaintiffs, the annual turnover of the plaintiff No.1 company is Rs.16,00,00,000/-.
3. In the business of real estate, the plaintiffs have acquired substantial goodwill and reputation amongst its customers and the general public. The plaintiffs in their usual course of business, to construct multistoried building on a land measuring an area of about 6 cottah 4 chittack situated at Mouza Dakshindari, being Municipal Premises No. 243, S.K. Deb Road (previously known as 51 S.K. Deb Road), Kolkata - 700048, approached the owners of the said landed property and a Deed of Exchange with regard thereto was registered on 18th March, 2015. By such deed, the said land was transferred by way of exchange in favour of the plaintiffs in lieu of three flats being Flat Nos. 1C, 5B and 5C all measuring about 850 Sq.Ft. each situated at Premises No. 726, Dakshindari Road, Kolkata - 700048 were allotted to the owners of the Premises No. 243, S.K. Deb Road, Kolkata - 700048.
4. After mutation of the said land in favour of the plaintiff No.1, the plaintiffs have obtained sanctioned building plan dated 11th December, 2018 for construction of multi - storied building and the plaintiffs have started construction of building in the said landed property. During construction, the defendant No.4 being the neighbors has started causing unlawful obstruction at the work site and also started threatening the plaintiffs, their men and agents with dire consequences against which the plaintiffs have lodged a complaint before the Lake Town Police Station on 25th March, 2019 and also filed an application under S.144(2) of the Code of Criminal Procedure. The plaintiffs have also initiated a suit against the defendant No.4 before the Learned Civil Judge (Junior Division) at Bidhannagar being Title Suit No. 76 of 2019 seeking declaration that the plaintiffs are having right, title and interest over the property and allied reliefs.
5. The plaintiffs have also obtained an ad - interim order dated 29 March, 2019 against defendant No.4 restraining from creating any obstruction to the construction work in the land of the plaintiffs. The defendants by suppressing the order of injunction dated 29th March, 2019, have initiated a suit against the plaintiff No.2 being T.S. No. 114 of 2021 without making the plaintiff No.1 as a party to the suit before the Learned Civil Judge, Junior Division at Bidhannagar. The defendants have also obtained an ad - interim order of injunction dated 22nd March, 2021 restraining the plaintiffs from selling / transferring flats.
6. The defendants have also made a paper publication dated 14th August, 2021 in a Daily Bengali News Paper namely "Anandabazar Patrika", stating that the plaintiffs
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