MURARI SHARMA Vs. SHWETA TIWARI

JUDGEMENT

(1.) This intra Court appeal under Section 10 of the Delhi High Court Act, 1966 read with Order 43, Rule 1 and section 104 of the Code of Civil Procedure, 1908 (Code, for short) impugns the order dated 19th July, 2016 passed by the single Judge dismissing the Chamber Appeal against the orders closing the right of the appellant Murari Sharma, defendant No. 13 in CS(OS) No. 109/2014, Shweta Tiwari v. The Editor-in-Chief, Amar Ujala and Company to file his written statement.

(2.) We have heard learned counsel for the parties and with their consent have taken up the appeal for hearing and disposal.

(3.) Shweta Tiwari, the first respondent before us, has filed the aforesaid suit for permanent injunction, rendition of accounts and damages of Rs. 1 crore. The allegation is that the appellant herein had used the respondent's photograph in the advertisements of their products "kesh pari" hair oil without her consent, approval and knowledge. It is alleged by the respondent that she is a well-recognised and a well-known personality and the illegal use of her photograph by the appellant has caused irreparable damage to her celebrity status and also caused emotional distress and financial loss. The respondent claims that she is brand ambassadors of number of reputed hair care multinational products.