TARUN KATIAL AND OTHERS Vs. R. SUBRAMANIAN

JUDGEMENT

(1.) These two petitions filed by M/s Reliance Broadcast network Limited and other officials of the same company are in the business of running and operating F.M.Radio station in the name and style of Big FM 92.7.

(2.) The respondent/complainant's main grievance against the petitioners is that he being the promoter and architect of M/s Subiksha retail Limited and having a very high reputation in the field of retailing with a chain of stores dealing with all daily use items like groceries and others consumable articles and though he had no transactions whatsoever with the petitioner company, the petitioner company through their F.M. channel kept repeating an audio message claiming that a sum of Rs. 41,06,513/- was due from M/s Subiksha Trading Services run by the complainant and also Rs. 2,42,654/- due from blue green constructions and investment Limited which was the former name of M/s Subiksha Retail Limited. The allegation is that the F.M. stations run by the petitioner company, by making repeated audio broad cast in Tamil, had damaged the reputation of the complainant and his company thereby necessitating the complaint under Section 500 of the Indian Penal Code.

(3.) The petitioners on their side have stated that they were approached by the complainant's company to broadcast advertisements on behalf of their company and kept unpaid dues upto Rs. 43.49 lakhs from the complainant's company and despite notices dated 21.2.200, 4.5.2009 and 7.6.2009, the complainant's company did not come forward to settle the dues and in the meanwhile it also came to light that there were many other creditors including financial institutions whose money got stuck due to the non payment by the complainant's company. Therefore, it was decided to go on air making it public about the dues and also warning the public not to deal with the said company and this broadcast message was no way defamatory, but contained only the facts and also was in public interest. The petitioner Big F.M. 92.7 had already filed C.P.173 of 2009 before this court praying for orders and directions to wind up the complainant's company namely M/s Subiksha Trading Services Limited and for appointment of a liquidator.