Back
2024 Supreme(Online)(DEL) 18184
$~38 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CS(OS) 191/2024 JITENDER KUMAR JAIN ..... Plaintiff Through:
Mr. Sukumar Pattjoshi, Sr. Adv. with Mr. Ravinder K Rawat, Mr. Ram Krishna Rao, Advs.
versus AAJ KA ANAND PUBLICATIONS LLP & ORS. ..... Defendants Through:
CORAM: HON'BLE MR. JUSTICE DINESH KUMAR SHARMA
SANJAY AGNIHOTRI
Headnote:
Fact of the Case:
The plaintiff, a liquidator, filed a suit for defamation against the defendants for publishing false and malicious allegations in a newspaper article and online.
Finding of the Court:
The court allowed the plaintiff's application for exemption from filing an affidavit of admission/denial of documents and directed the defendants to file their written statements within 30 days.
Issues: Whether the court had jurisdiction to hear the suit.
Ratio Decidendi: The court did not discuss any legal provisions in its order.
Final Decision: The court registered the plaint as a suit and issued summons to the defendants.
ORDER
% 06.03.2024 I.A. 5339/2024 (Exemption) Exemption is allowed subject to all just exceptions.
CS(OS) 191/2024
1. The present suit has been filed seeking declaration, mandatory, permanent injunction and compensation for defamation of the plaintiff.
2. Mr. Sukumar Pattjoshi, learned senior counsel for the plaintiff submits that the facts in brief are that the plaintiff was appointed as the liquidator of corporate debtor „Aaj ka Anand Papers Ltd.‟ Learned senior counsel for the plaintiff submits that the defendants falsely and maliciously got a news article published on 18.08.2023 in the newspaper “Aaj Ka Anand”. In this newspaper article certain false and malicious allegations were levelled against the plaintiff. Learned senior counsel submits that such articles were also published online. It has been submitted that these articles were read by the friends and relatives of the plaintiff in Delhi which degraded the reputation and character of the plaintiff in the eyes of the readers of such articles. It has been submitted that at the relevant time, the plaintiff was also in Delhi.
3. Learned senior counsel for the plaintiff submits that aggrieved of this, the plaintiff filed a criminal complaint case No. 2891/2023 under Sections 499/500/501/502 read with Section 34 of the IPC which is pending before the learned CMM-02, Patiala House Court, New Delhi. It has further been submitted that the jurisdiction has been pleaded in the para-72 of the plaint.
4. Let the plaint be registered as suit.
5. Summons be issued to the defendants by all permissible modes, which shall indicate that the written statements must be filed within thirty days from the date of receipt of the summons.
6. The defendants are directed to file affidavit of admission/denial against the documents filed by the plaintiff, failing which the written statement shall not be taken on record.
7. The plaintiff is at liberty to file replications thereto within fifteen days of filing of the written statements, which shall be accompanied by affidavits of admission/denial, in respect of the documents filed by the defendants, failing which the replications shall not be taken on record.
8. It is made clear that any unjustified denial of documents may lead to an order of costs against the concerned party.
9. Any party seeking inspection of documents may do so in accordance with the Delhi High Court (Original Side) Rules, 2018.
10. List before the Joint Registrar (judicial) on 15.04.2024. I.A. 5338/2024
11. The present application has been moved under Order XXXIX Rule 1 and 2 CPC read with Section 151 CPC seeking direction for stopping the defendant from further circulating the article during the pendency of the suit.
12. Issue notice to the defendants through all permissible modes upon taking steps by the petitioner.
13. List before the Joint Registrar (judicial) on 15.04.2024. DINESH KUMAR SHARMA, J MARCH 6, 2024 Pallavi
