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2024 Supreme(Online)(DEL) 3103

$~38

*

IN THE HIGH COURT OF DELHI AT NEW DELHI

+

CS(OS) 540/2024

DHANYA RAJENDRAN & ANR.

.....Plaintiffs

Through:

Mr. Raj Shekhar Rao, Sr. Advocate

with Ms. Aashna Chawla, Ms. Shreya

Singhal, Mr Panveer Oberoi, Ms.

Mhasilendo

Keditsu,

Ms

Bani

Dikshit, Mr. Nipun Katyal and Mr.

Udhav Khanna, Advocates.

versus

GALAXY ZOOM INDIA OVT LTD & ORS.

.....Defendants

Through:

Mr. Aditya Gupta, Advocate for D-5.

CORAM:

HON'BLE MR. JUSTICE VIKAS MAHAJAN

Advocates:
SHREYA SINGHAL

ORDER

% 15.07.2024 I.A. 33222/2024 (under Section 151 CPC by the plaintiff seeking exemption from filing original / certified / typed copies of the documents and affidavits under Section 63 of the Bhartiya Sakshya Adhiniyam,2023)

1.This is an application seeking exemption from filing original documents as well as an affidavit in respect of the electronic evidence / documents under Section 63 of the Bhartiya Sakshya Adhiniyam, 2023. It is prayed in the application that the plaintiffs shall file the affidavit within 2 weeks.

2.Original documents shall be produced/filed, if sought, strictly as per the provisions of DHC (Original Side) Rules, 2018.

3. Let the affidavit under Section 63 of the Bhartiya Sakshya Adhiniyam, 2023, be filed in accordance with law within a period of two weeks.

4.The application is allowed and stands disposed of, subject to all just exceptions.

I.A. 33221/2024 (filed by plaintiff under Section 151 CPC for placing on record Pen Drive containing the defamatory posts and publications)

5.For the reasons mentioned in the application, it is allowed. The registry is accordingly directed to take on record the said pen drive.

6.The application stands disposed of. CS(OS) 540/2024

7.The plaint be registered as a suit.

8.On filing of process fee, summons be issued to the defendants by all permissible modes.

9.The summons shall indicate that written statement must be filed within thirty days from the date of receipt of summons. The defendants shall also file an affidavit of admission/denial of the documents filed by the plaintiffs, failing which the written statement shall not be taken on record.

10.The plaintiffs are at liberty to file replication thereto within thirty days after filing of the written statement. The replication shall be accompanied by affidavit of admission/denial in respect of the documents filed by the defendants, failing which the replication shall not be taken on record.

11.It is made clear that any unjustified denial of documents may lead to an order of costs against the concerned party.

12.Any party seeking inspection of documents may do so in accordance with the Delhi High Court (Original Side) Rules, 2018.

13.List before the learned Joint Registrar for completion of service, pleadings, admission/denial of documents and marking of exhibits on 24.09.2024.

14.List before the Court on 23.10.2024. I.A. 33220/2024 (under Order XXXIX Rule 1 and 2 read with Section 151 CPC by the plaintiffs)

15.Issue notice to the defendants by all permissible modes. 16. The plaintiffs have filed the present suit praying, inter alia, for mandatory and permanent injunction against defendant no. 1 to 3, to take down / remove various false and defamatory, malicious and unsubstantiated articles and videos containing allegations which have been made against the plaintiffs with the intention to malign the plaintiffs’ reputation, and further to prohibit publication / re-publication / sharing of any further material of similar nature against the plaintiffs.

17.It is the case of the plaintiffs and so contended by Mr. Rajshekhar Rao, learned senior counsel appearing for the plaintiffs that plaintiff no.1 is a journalist of a repute. Over the last 20 years, the plaintiff no. 1 has earned various national and international awards and accolades for her journalism.

In 2013, the plaintiff no. 1 founded “The News Minute” a digital news platform based in Bangalore, Karnataka, wherein, the plaintiff no. 1 is the co-founder and Editor-in-Chief. He submits that the plaintiff no. 1 was conferred the India’s best Entrepreneurs in Fortune Magazine’s 40 under 40.

The plaintiff no.1 was also awarded ‘Namma Bengaluru Media Person of the Year’ in 2017 and as such, the plaintiff no.1, is a leading journalist in India. It is further contended that the plaintiff no. 1 has hosted various programmes and has a very high reputation.

18.He submits that the plaintiff no. 2 is a company registered under the Companies Act, 2013 and a









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