SUBHASH CHANDRA Vs. POSITIV TELEVISION (P) LTD.

JUDGEMENT

(1.) The plaintiffs namely Mr.Subhash Chandra and Zee Media Corporation Ltd. have filed the present suit for permanent and mandatory injunction and damages against five defendants. The grievance of the plaintiffs is about defamatory broadcast made by the defendants against both the plaintiffs. The reliefs sought by the plaintiffs are as under:

(2.) It is alleged in the plaint that the defendants have been telecasting news reports/stories by the defendant No. 1 channels against the plaintiffs which are defamatory per se. The defendants knew the fact that the news reports/stories they have been telecasting are false and per se defamatory but they continued to telecast it maliciously solely with a view to defame the plaintiffs and its officials. These programmes were repeatedly broadcasted by the defendants on various dates from 6th/7th January, 2014 and more particularly from 16th March, 2014 to 8th April, 2014 and also on 29th May, 2014 to 30th May, 2014 and thereafter on 4th September, 2014, 5th September, 2014 and on 9th September, 2014 with the sole intention to cause damage to the reputation and goodwill of the plaintiffs. The defendants have aired the defamatory programmes at least 223 number of times against the plaintiffs as on date of filing of the suit.

(3.) When the suit and interim application was listed before the Court first time, the order for issuance of summons and notice in the application was strongly opposed by the defendant Nos.1 and 5 mainly on the reasons that prior to filing of the present suit Essel Infraprojects Ltd. had filed suit No.645/2014 inter alia against few defendants which are dragged in the present suit with the same allegations and same cause of action. The fact of filing of the said suit has not been disclosed by the plaintiffs before this Court. It is alleged by learned Senior counsel appearing on behalf of defendant Nos.1 and 5 that in the said suit the interim order was not granted in favour of Essel Infraprojects Ltd. After few days by changing the name of the group company the present suit is filed and in fact Essel Infraprojects Ltd. is also owned by Subhash Chandra who is whole sole of plaintiff No.2 in the present suit.