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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF APRIL, 2023 BEFORE THE HON'BLE MR JUSTICE SREENIVAS HARISH KUMAR WRIT PETITION NO. 5814 OF 2023 (GM-CPC)
Between:
Smt. Roopa D., Wife of Sri Munish Moudgil, Aged about 47 years, R/at F-1704, Mantri Lithos, Inside Manyata Tech Park, Bengaluru-560045. .. Petitioner (By Sri Madhukar M.Deshpande, Advocate)
And:
1. Smt. Rohini Sindhuri I.A.S., Wife of Sudhir Reddy, Aged about 38 years, Digitally signed by SRIDEVI S R/at No.42, 5th Cross, Location: HIGH Kaliamma Temple Road, COURT OF T.Dasarahalli, KARNATAKA Bengaluru-560567.
2. Suvarna News 24x7, Having their address at
36, Cresent Road, Opposite Mallige Hospital, Bengaluru-560001.
Karnataka, Represent by the Editor-in-Chief, Bengaluru City.
3. M/s. Focus TV New BEL Road, RMV 2nd Stage, Opp: Devasandra Bus Stop, Bengaluru-560094 Represented by its Editor-In-Chief.
4. TV9 Karnataka and News 9 Kannada and English News Satellite Television Channels, Owned by M/S Associated Broadcasting Company Limited, 13/1, Rhenius Street, Richmond Town, Bengaluru-560025. Represented by the Editor-In-Chief/
Director, Bengaluru City.
5. M/s BTV News Channel Private Limited At 32/1-2, Cresent Tower, High Ground, Creston Road, Bengaluru – 560001, Represented by the Editor, Bengaluru City. 6. Janasri TV No.351, 5 & 6th Floor, Salarpuria Tower 1, Hosur Road, Koramangla, Bengaluru-560095 Represented by the Editor-In Chief Bengaluru City
7. Kasturi News Kasturi Media Pvt. Ltd., No.12 & 12/1, Josco Jewellery, Kasturba Road, Bengaluru-560001. Represented by the Editor-in-Chief Bengaluru City.
8. NDTV News New Delhi Television Limited Bengaluru Office at No.60/1, Coles Road, Frazer Town, Bengaluru-560001. Represented by the Editor-in-Chief.
9. Times Now News, Bengaluru Office at No.20, Asha Enclave, Church Street, Bengaluru-560001. Represented by the Editor-in-Chief.
10. India Today News Bengaluru Office at No.201-204, 2nd Floor, Richmond Towers, No.12, Richmond Road, Bengaluru-560025 Represented by the Editor-in-Chief.
11. Udaya News Channel Primrose Road, Bengaluru-560025 Represented by its Editor/Director
12. M/s. Prajaa TV Shezanlavelle, No.15, C/o Samparka Media Pvt. Ltd., 4th Floor, Walton Road, Shantala Nagara, Ashok Nagar, Bengaluru-560001 Represented by the Editor-in-Chief.
13. Samaya News Channel Kasturba Road, Bengaluru-560001. Represented by the Editor-in-Chief
14. M/s.Raj News TV Kannada News, Maratha Building, Millers Tank Bund Road, Vasanthanagar, Bengaluru-560052 Represented by the Editor-in-Chief.
15. M/s. ETV Kannada News Channel Unity Buildings, CSI Premises Centenary Building, Bengaluru-560002. Represented by the Editor-in-Chief.
16. M/s. The Times of India, Daily News Paper, M.G.Road, Bengaluru-560001.
Represented by the Editor-in-Chief.
17. Nanugouri.Com A Web News Portal, Owned and Run by Gauri Media Trust Having its office at No.960, 7th Cross, Srinivasa Nagar, BSK I Stage, Bengaluru-560050 Represented by the Editor-in-Chief.
18. The Bengaluru Mirror, Daily News Paper, M.G.Road, Bengaluru-560001.
Represented by the Editor-in-Chief.
19. Deccan Herald, Daily News Paper M.G.Road, Bengaluru-560001.
Represented by the Editor-in-Chief.
20. Prajavani Kannada Daily News Paper, M.G.Road, Bengaluru-560001.
Represented by the Editor-in-Chief.
21. Deccan Chronicle News Paper Koramangala, Bengaluru M.G.Road, Bengaluru-560001.
Represented by the Editor-in-Chief.
22. The Indian Express Daily Daily News Paper Vidhan Veedhi, Queens Road Circle, Indian Express Building, M.G.Road, Bengaluru-560001.
Represented by the Editor-in-Chief.
23. The Hindu, Daily News Paper, Infantry Road, Bengaluru, M.G.Road, Bengaluru-560001.
Represented by the Editor-in-Chief.
24. Kannada Prabha, Daily Kannada News Paper, Opp. Mallige Nursing Home, High Grounds, M.G.Road, Bengaluru-560001.
Represented by the Editor-in-Chief.
25. Vijaya Karnataka Kannada Daily News Paper, Near Makkalakoota, M.G.Road, Bengaluru-560001.
Represented by the Editor-in-Chief.
26. Vijaya Vani, Kannada Daily News Paper, Opposite Kannada Sahitya Parishad, Chamarajpet, M.G.Road, Bengaluru-560001.
Represented by the Editor-in-Chief.
27. Sanje Vani, Kannada Daily Evening Paper, Queens Road, M.G.Road, Bengaluru-560001.
Represented by the Editor-in-Chief.
28. E-Sanje Kannada Daily, Daily Evening Paper, Dr. Rajkumar Road, M.G.Road, Bengaluru-560001.
Represented by the Editor-in-Chief.
29. Udayavani, Kannada Daily News Paper, C/o. M/s. Manipal Trust Manipal, Mangalore, M.G.Road, Bengaluru-560001.
Represented by the Editor-in-Chief.
30. Hosadiganta Kannada Daily, No.1/1, 1st Floor, Bahvurao Deshpande Building, 6th Cross, 8th Main, Malleswaram, Bengaluru-560003. Represented by the Editor-in-Chief.
31. Lokesh Patrike, Kannada Journal, No.5/2, Unit No.001, Trump Tower, Eagle Street, Langford Town, Bengaluru-560025. Represented by the Editor-in-Chief.
32. Gauri Lankesh Journal Kannada Journal No.9, Eat Street, Basavanagudi, Bengaluru-560004. Represented by the Editor-in-Chief.
33. Hai Bengaluru Kannada Journal No.2, Padmanabha Nagar, 2nd Stage Kadirenahalli Cross, Banashankari, Kadirenahalli, Bengaluru-560070. Represented by the Editor-in-Chief.
34. Agni Kannada Journal, Kannada Journal, No.3/A, 9th B Main Road, Prashant Nagar, ISRO Layout, Kanakapura Road, Bengaluru-560062. Represented by the Editor-in-Chief.
35. Parashu Kannada Tabloid, No.7/1, 1st Main Road, RPC Layout, Vijayanagar, 2nd Stage, Bengaluru-560104.
Represented by the Editor-in-Chief. 36. Suddi TV Kannada News Channel, Yash Techno Media Pvt. Ltd., BMTC Building, Shanthinagar Bus Stand, Bengaluru-560027.
Represented by the Editor-in-Chief.
37. Digvijaya News, Kannada News Channel, No.131/1, Lalbagh Road, Near Passport Seva Kendra, Bengaluru-560004. Represented by the Editor-in-Chief. 38. M/s. TV 5 Kannada News Channel, Railway Parallel Road, Kumar Park West, Bengaluru-560020. Represented by the Editor-in-Chief.
39. Vishwavani Kannada Daily, 3078, 1st Cross, Gayathri Nagar, Bengaluru-560021. Represented by the Editor-in-Chief. 40. Public TV News Channel Private Limited, 4th Floor, BMTC Complex, Yeshwanthpura, Bengaluru Karnataka-560022. Represented by the Editor-in-Chief.
41. M/s. TV1 Kannada, 1st Main Road, I Stage, Gokula Extension, Bengaluru-560064. Represented by the Editor-in-Chief.
42. M/s. Republic TV No.FC-5, Sector 16A Noida 201301 Represented by the Editor-in-Chief.
43. NDTV 24x7 Block B, Archana Complex Greater Kailash 2, New Delhi-110048 Represented by the Editor-in-Chief.
44. M/s. Aajtak, FC8, Sector 16A Film City, Noida 201301 Represented by the Editor-in-Chief.
45. One India New @
Information Portal, One in Digitech Media Pvt. Ltd., Nadathur Place, Plot No.23, 8th Main, 3rd Block Jayanagar, Bengaluru-560011. Represented by the Editor-in-Chief.
46. Times of Karnataka Kannada News Paper, No.73/2, Railway Parallel Road, Kumar Park West, Seshadripuram, Bengaluru-560020 Represented by the Editor-in-Chief.
47. Vartha Bharathi, Kannada News Paper, No.4-1, 2nd Floor, Hameed Shah Complex, Cubbonpet, Bengaluru-560002.
Represented by the Editor-in-Chief.
48. Google LLC
3rd 4th & 5th Floors, RMZ Infinity Tower E No.3, Swamy Vivekanand Road, Bengaluru-560008. Represented by the Editor-in-Chief.
49. Meta Platforms Inc., (Formerly Known as Facebookinc)
Microsoft Signature Building, Off Intermediate Ring Road, Embassy Golf Links Business Park, Domlur, Bengaluru-560071. 50. Yahoo India Pvt. Ltd., Unit No.1261, 6th Floor, Building No.12, Solatire, Corporate Park Andheri East, Mumbai – 400093 Represented by the Editor-in-Chief.
51. You Tube LLC C/o. Google India Pvt. Ltd., 3rd Floor RMZ Infinity Tower, E No.3, Swamy Vivekanand Road, Bengaluru-560008. Represented by the Editor-in-Chief.
52. M/s. Whats App
1st Floor, 3 North Avenue Maker Maxity, Bandra Kurla Complex, Bandra East Mumbai-400051.
Represented by the Editor-in-Chief. 53. Power TV Power Smart Media Pvt. Ltd., Embassy Point III Floor, Infantry Road, Near DRDO Office, Bengaluru-560001.
Represented by its Editor Rakshit Shetty.
54. Twitter Communications India (Pvt) Ltd., Dadabhainaoroji Road, Kala Ghoda Mumbai, Maharashtra-400001.
55. Instagram IG Infotech India Pvt. Ltd., Embassy Golf Links Business Park, Challaghatta, Bengaluru-560071 Represented by its Managing Director.
56. Muktha TV, Brahmagiri, Udupi, Karnataka-576101 Represented by the Editor-in-Chief.
57. Jai Kannadamma, First Floor, M.G.Towers, Club Road, Belgaum-590001.
Represented by the Editor-in-Chief.
58. Sanjevaani, No.11/2, Queens Road, Bengaluru-560052. Represented by the Editor-in-Chief.
59. Public News 24 Kannada, No.67, 7th Cross, Gutte Basaveshwara Nagar, Chikkabanavara – 560090.
60. Pipa Khedi Kota District, Kota Taluk, Kota Division, Rajasthan-326519. .. Respondents (By Sri P.N.Rajeshwara, Advocate for Sri S.N.Channabasappa, Advocate for C/R1, Notice to R2 to R60 dispensed with)
This Writ Petition is filed under Article 227 of the Constitution of India, praying to set aside or quash the order dated 07.03.2023 (Annexure-A) passed by the LXXIII Additional City Civil & Sessions Judge, M.H.Unit, Bengaluru (CCH-74) in O.S.No.25288/2023 as against the petitioner/defendant No.60 and etc., This Writ Petition having been heard and reserved on
14.03.2023 coming on for pronouncement this day, the court pronounced the following:
ORDER
The point to be answered in this writ petition filed under Article 227 of the Constitution of India is :
“If the plaintiff who has secured an exparte order of temporary injunction fails to comply with requirement of clauses (a) and (b) of proviso to Order 39 Rule 3 CPC, should the court vacate the order of temporary injunction?”
2. Given a look at the events that led to this writ petition being filed, the Additional City Civil Judge, (CCH- 74), Bengaluru, in O.S.25288/2023, a suit for damages in relation to alleged defamation, passed an exparte order of temporary injunction on 23.2.2023 against defendants 1, 2 and 4 to 60 and directed respondent no.1 who is the plaintiff in the suit to comply with requirement of clauses (a) and (b) of proviso to Rule 3 of Order 39 CPC. The plaintiff filed an affidavit before the court reporting compliance, but there was no compliance as regards the petitioner herein, who is defendant no.60 in the suit. After she received the suit summons and appeared before the court on 7.3.2023, she brought to the notice of the court by filing a memo that there was no compliance and requested the court not to extend the exparte temporary injunction. The plaintiff, while seeking extension of the interim order filed a memo stating that she could not comply with requirement of clauses (a) and (b) of Order 39 Rule 3 due to inadvertence, but however stated in the memo that on 27.2.2023, she sent to defendant no.60 the intimation of grant of exparte order in her favour. In spite of coming to know about non-compliance within twenty four hours, the trial court extended the interim order on 7.3.2023. The order of extension is challenged in this writ petition.
3. I heard the argument of Sri.Madhukar Deshpande, learned advocate for the petitioner-defendant no.60, and Sri. P.N.Rajeshwara, learned advocate for respondent no.1-plaintiff.
4. The argument of Sri. Madhukar Deshpande was, the compliance to be made in accordance with clauses (a) and (b) of proviso to Order 39 Rule 3 is mandatory. The intention behind mandating the compliance is to bring to the notice of the defendant about the exparte order of temporary injunction passed against him. Compliance must be reported on the day the order is granted or on the day immediately following. If compliance is not reported, the court should not extend the interim order, and it must be vacated as has been held by the Supreme Court in its judgments in Shiv Kumar Chadha Vs. Municipal Corporation of Delhi and others [(1993) 3 SCC 161] and A. Venkatasubbiah Naidu Vs. S. Chellappan and Others [(2000) 7 SCC 695] and the High Court of Delhi in the case of Moserbear India Ltd., Vs. Modern Cinema [2010 (117) DRJ 545].
5. Sri. P.N.Rajeshwara argued that while compliance as envisaged in Order 39 Rule 3 was mandatory, its non- compliance would not necessarily result in exparte order to be vacated or discontinued; its only effect would be that the plaintiff is rendered to such a position as he cannot initiate action for the disobedience of the order, and in support of this proposition he placed reliance on the decision in Venkatasubbaiah Naidu (supra) and of the High Court of Bombay in Vascon Engineers Limited Vs. Sansara Hotels India Pvt. Ltd., [LAWS (BOM)-2009-
4-63].
6. I have considered the points of arguments.
7. Rule 3 of Order 39 deals with the procedure to be followed by the court once an order of temporary injunction is sought under Rules 1 and 2 of Order 39. It is better to extract Rule 3 here:
“3. Before granting injunction, Court to direct notice to opposite party.- The Court shall in all cases, except where it appears that the object of granting the injunction would be defeated by the delay, before granting an injunction, direct notice of the application for the same to be given to the opposite party: Provided that, where it is proposed to grant an injunction without giving notice of the application to the opposite party, the Court shall record the reasons for its opinion that t
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