SHUMITA DEB Vs. GAUTAM BHATTACHARYA

JUDGEMENT

(1.) This miscellaneous first appeal is filed challenging the order dtd. 31/8/2024 passed on Issue No.5 as affirmative in coming to the conclusion that the Court has no territorial jurisdiction to try the suit and returned the plaint to present the same before the competent Court of law within sixty days in O.S.No.985/2017 by the LX Additional City Civil and Sessions Judge, Bengaluru.

(2.) Heard the learned counsel appearing for the respective parties.

(3.) The factual matrix of the case of the plaintiffs/appellants is that the suit is filed against the defendants for the relief of permanent injunction restraining defendant Nos.1 to 5 from reprinting, circulating or modifying and publishing in any manner whatsoever the defamatory, false and man-aligning content contained in introductory page 54 and chapter even (7th) of the book page 145 to 154 about late Manna Dey and published in the book "Tarader Sesh Chitthi" (Star's last letter) and also sought permanent injunction against defendant No.6 to air or communicate in any manner any content specified in infringing book and also mandatory injunction against defendant Nos.1 to 5 and also direction to furnish true and fair accounts of the sale and circulation of the infringing Book in physical and virtual form and anybody acting from making, publishing, circulating and also direct the defendants to jointly and severally pay a sum of Rs.1,10,00,000.00 to the plaintiffs as compensation and directing defendant No.1 to individually pay a sum of Rs.25,00,000.00 to the plaintiffs towards damages.