2023 Supreme(Online)(Mad) 88544
MADRAS HIGH COURT
Balaji Mohan – Appellant
Versus
Kalpika Ganesh – Respondent
CS 275 2022
C.S.No.275 of 2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 30.06.2023
CORAM
THE HONOURABLE MR.JUSTICE K.KUMARESH BABU
C.S.No.275 of 2022
and
O.A.No.833 of 2022
1. Mr.Balaji Mohan,
S/o.Madan Mohan,
No.3A, 3rd Floor,
Chandran Enclave,
New No.9, Old No.26,
Appar Street, Kalakshetra Colony,
Beasant Nagar,
Chennai – 600 090.
2. Mrs.Dhanya Balakrishna,
W/o.Balaji Mohan,
No.3A, 3rd Floor,
Chandran Enclave,
New No.9, Old No.26,
Appar Street, Kalakshetra Colony,
Chennai – 600 090.
... Plaintiffs
Vs
Kalpika Ganesh,
503, Nestcon Flamingo,
Plot No.58, Gowthami Society,
Kondapur, Hyderabad,
Telangana – 500 0084.
... Defendant
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https://www.mhc.tn.gov.in/judis
C.S.No.275 of 2022
Prayer: This Civil Suit is filed under Order IV Rule 1 of the O.S Rules
read with Order VII Rule 1 of the Code of Civil Procedure, prayed for a
Judgment and Decree:-
a) Directing the Defendant to pay the sum of Rs.1,00,00,000/-
(Rupees One Crore Only) from the date of Plaint till the date of
payment, towards the damages and compensation to the Plaintiffs.
b) For permanent injunction, restraining the Defendant and their men
and agents from in any manner making, uploading, writing,
printing, publishing, broadcasting, distributing or disseminating in
print media or electronic media or internet media or any form
whatsoever and defamatory material, statements, continuing in
uploading, publishing-including the purported/video/audio any
material or statement, relating to or arising from, relatable to, the
Plaintiffs which is effecting and damaging the name and reputation
of Plaintiffs in any manner.
c) Mandatory Injunction directing the defendant to remove/delete the
false, defamatory video/audio or any other material or statements
aforesaid including tagging the name of the Plaintiffs in all online
media including but not limited to Twitter, Facebook, Instagram
and Whatsapp.
d) To pass such further or other order or orders as this Honourable
Court may deem fit and proper and thus render justice.
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https://www.mhc.tn.gov.in/judis
C.S.No.275 of 2022
For Plaintiffs
: Mr.Vijayan Subramanian
For Respondent
: Mr.J.Antony Jesuraja
JUDGMENT
The learned counsel appearing for the plaintiffs would submit
that the defendant deleted the defamatory statements against the plaintiffs
and had also uploaded a video expressing regret.
2. The learned counsel appearing for the plaintiffs would
further submit that the defendant would also undertake not to delete the
aforesaid video from the social media plat forms.
3. In such view of the matter, the learned counsel appearing for
the plaintiffs seeks permission of this Court to withdraw the suit. He has
also made an endorsement to that effect.
4. The defendant appeared through video conferencing.
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https://www.mhc.tn.gov.in/judis
C.S.No.275 of 2022
5. In view of the endorsement made by the learned counsel for
the plaintiffs, this Civil Suit is dismissed as withdrawn. No costs.
Consequently, connected original application is closed. Registry is
directed to refund the Court Fee as applicable.
30.06.2023
Internet : Yes/No
Neutral Citation : Yes/No
Index : Yes/No
Speaking Order/Non-Speaking Order
rgm
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https://www.mhc.tn.gov.in/judis
C.S.No.275 of 2022
K.KUMARESH BABU, J.
rgm
C.S.No.275 of 2022
and
O.A.No.833 of 2022
30.06.2023
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https://www.mhc.tn.gov.in/judis