RUSTOM K KARANJIA Vs. KRISHNARAJ M D THACKERSEY

JUDGEMENT

(1.) This appeal by defendants 1 and 2 arises out of a libel suit filed by the plaintiff-respondent No. 1, on the original side of this Court in respect of an Article published in the English Weekly ''Blitz" in its issue of 24th September 1960. The plaintiff sought to recover Rs. 300000/- as general damages and prayed for an injunction. A decree has been passed for the full claim with costs and future interest against defendants 1, 2 and defendant No. 4 who is respondent No. 2(a) in the appeal.

(2.) The plaintiff is a prominent businessman and industrialist of Bombay. At the time of the suit he was a partner in, a firm which had been carrying on the business of Managing Agents of four textile mills. He was a Director of the Bank of India and of several other well-known companies. He was also the Chairman of the Textile Control Board which had been set up by the Government during the last World War. He was also the Chairman of the Indian Cotton Mills Federation.

(3.) Defendant No. 1 Is the Editor of the "Blitz" and has accepted responsibility for the Article referred to above. Defendant No. 2 is a Private Limited Company which owns the newspaper. Original defendant No. 3, with whom we are no longer concerned, was the printer of the issue of the "Blitz", but since at an early stage of the suit he tendered an apology, the plaintiff withdrew his suit against him defendant No. 4 was joined subsequently in the suit as a Joint tort-feasor since it was, principally, upon material furnished by him and with his agreement that the article was published in "Blitz".