ESSEL INFRAPROJECTS LIMITED Vs. DEVENDRA PRAKASH MISHRA

JUDGEMENT

(1.) By this notice of motion plaintiffs seek temporary injunction restraining the defendants and their servants and agents from further uttering/repeating/writing/publishing/telecasting any programme or news item thereby making defamatory allegations against the plaintiffs or tending to defame or harm the plaintiffs' business and its reputation in any manner whatsoever and also seeks a mandatory order and injunction against defendant no.1 and 2 to remove the Press Release or any other information/messages/articles relating to the plaintiffs and its Non-executive chairman/directors or any other officers of their website or any other Website or media of defendant no.1 and 2 and seeks injunction from displaying the Press release or any defamatory information/message/articles relating to the plaintiffs and their non-executive chairman/directors or any other officers in their website. Some of the relevant facts for the purpose of deciding this notice of motion are as under :

(2.) The plaintiffs have filed the suit for damages in the sum of Rs.200 Crores with interest against all the defendants and seeks permanent order and injunction from writing/publishing/telecasting/airing any program of news items thereby making defamatory allegations against the plaintiffs or tending to defend or harm the plaintiffs' business and its reputation.

(3.) It is the case of the plaintiffs that defendant no. 1 is an RTI activist. Defendant no.2 is an organization formed and run by defendant no. 1. Defendant no. 3 is engaged in the business of broadcasting news channel in Hindi and regional languages who has alleged to have produced the programme "Azab MP Gazab Ghotala" telecasted on its 'Focus News Channel'. Defendant no. 4 is the Chairman and Managing Director and defendant no. 5 and 6 are the directors of the defendant no. 3. Defendant no. 7 and 8 are Group Editor in Chief of 'Focus News channel' and a reporter of the said channel respectively. It is the case of the plaintiffs that the plaintiffs have undertaken large number of road development projects, power projects, urban infrastructure projects. The net worth of the plaintiffs for the year 2014-2015 was Rs.3251.62 crores. The turn over of the plaintiffs for the said period is Rs.192.40 crores. The plaintiffs have work force of about 8000 employees. It is the case of the plaintiffs that Essel Group is in diversified business which include media/technology /entertainment packaging/infrastructure /education etc and has pioneered in number of businesses.