M/S Azeem Transport Company, v. M/S Galatta Media Private Limited And Another

A NO. 5123 of 2024

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 30-06-2025

CORAM

THE HONOURABLE MR.JUSTICE K.KUMARESH BABU A NO. 5123 of 2024 IN CS NO. 169 OF 2024 M/s Azeem Transport Company, Represented By Its Partners, 1.A.Gabiey Nawas, 2. G.Rahila Begam, No.10, Azad Street, Near Seven Colours, Khaderpet, Tiruppur.

Applicant(s) Vs M/s Galatta Media Private Limited And Another By Its Managing Director, Unit 701, Raheja Towers, Sigma Wing,177 Anna Salai, Nace Salai, Chennai - 2 and 2 Others Respondent(s) For Applicant(s):

M/s.Kowser Sulthana I.

For Respondent(s): Mr.Sanjay Pinto for R1 Mr.R.Bharadwararamasubramaniam for M/s.Vivrti Law for Proposed R3 No Appearance for R2

ORDER

The learned counsel for the third respondent had vehemently opposed the application by contending that he is not a necessary party to the suit. He would submit that he is only an intermediary and cannot be impleaded as a party defendant in a suit for defamation

against the other defendants.

2) On the contrary, the learned counsel appearing for the applicant would submit that even though he is not a proper party, he is a necessary party to substantiate the claim of the applicant/plaintiff.

3) I have considered the rival submissions made by the learned counsels appearing on either side and perused the materials placed on record.

4) Admittedly, the statement made by the second defendant to the first defendant had been published by the third respondent. The details of publishing of such statement in the third respondent's platform can only be brought out through it. Hence, I hold that the proposed respondent is a proper party to the suit. Hence, I find no impediment in ordering the application as prayed for.

5) Necessary amendments shall be carried out by 10.07.2025.

6) For filing written statement, list the matter on 14.07.2025. 30-06-2025 Gba To

1. M/s Galatta Media Private Limited And Another

By Its Managing Director, Unit 701, Raheja Towers, Sigma Wing,177 Anna Salai, Nace Salai, Chennai - 2

2. Pandian,s/o Nagoor Pitchai, 4/11, 2nd Floor, United India Colony 1st Street, Kodambakkam, Chennai - 24

3. Youtube India Rep.by its Resident Grievance Officer for Youtube, Google LLC India Liaison Office Unit NO.26, The Executive Center, level 8, DLF Centre, Sansad Marg, Conaught Place, New Delhi 110 001