GAURAV GUPTA Vs. NIDHI BANSAL

JUDGEMENT

(1.) THIS is a suit for recovery of Rs.20,01,000/- towards damages and permanent injunction.

(2.) THE plaintiff is the husband of defendant No.1, son-in-law of defendants No.2 & 4 and brother-in-law of defendant No.3. THE grievance of the plaintiff is that the defendants are visiting the office of Nestle India Ltd., in Gurgaon where he is working and are also writing defamatory letters against him to his employers. It is alleged in the plaint that defendant No.1 has been writing letters to the employer of the plaintiff, to wreck personal vendetta on him and to ensure that his services are terminated. It is further alleged that she is trying to malign the reputation of plaintiff by making calls and baseless allegations. It is also alleged that on 09.08.2010, defendants No.1 & 2 came to the office of the plaintiff and created a scene in the office, alleging that he had absconded and was not taking the calls of defendant No.1. Defendant No.1 is also alleged to have called up the junior of the plaintiff, Pankaj Batra and threatened him. THE plaintiff claims to have received a call from HR department of its employer asking him to refrain defendant No.1 from involving the company in their private matters and from causing nuisance in the office so that the office environment is not spoiled. It is also alleged that on 10.08.2010, the plaintiff received a call from his office informing him that defendant No.1 was in his office with their daughter and was threatening to leave their daughter alone in the office. She also started screaming and shouting at the reception and insisted on leaving the daughter of the parties at the reception. When the other employees tried to pacify her, she started abusing the plaintiff in the filthiest language. THE plaintiff has claimed damages amounting to Rs.20,01,000/- from the defendants besides injunction restraining them from coming to his office and creating any disturbance there. He has also sought injunction restraining them from corresponding with his office.

(3.) SECTION 41(i) of the Specific Relief Act provides that an injunction cannot be granted when the conduct of the plaintiff or his agents has been such as to disentitle him to the assistance of the court. At this stage when the Court is deciding an application for grant of temporary injunction during pendency of the suit, it is difficult for the Court to take a view as regards inter-se conduct of the parties to the suit. This is a matter which can be decided only after trial, since there are accusations and counter-accusations by the husband and wife against each other.