Balaji Mohan v. Kalpika Ganesh

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 30.06.2023

CORAM

THE HONOURABLE MR.JUSTICE K.KUMARESH BABU and O.A.No.833 of 2022

1. Mr.Balaji Mohan, S/o.Madan Mohan, No.3A, 3rd Floor, Chandran Enclave, New No.9, Old No.26, Appar Street, Kalakshetra Colony, Beasant Nagar, Chennai - 600 090.

2. Mrs.Dhanya Balakrishna, W/o.Balaji Mohan, No.3A, 3rd Floor, Chandran Enclave, New No.9, Old No.26, Appar Street, Kalakshetra Colony, Chennai - 600 090.

... Plaintiffs Vs Kalpika Ganesh, 503, Nestcon Flamingo, Plot No.58, Gowthami Society, Kondapur, Hyderabad, Telangana - 500 0084.

... Defendant 1/5

Prayer: This Civil Suit is filed under Order IV Rule 1 of the O.S Rules read with Order VII Rule 1 of the Code of Civil Procedure, prayed for a Judgment and Decree:- a) Directing the Defendant to pay the sum of Rs.1,00,00,000/- (Rupees One Crore Only) from the date of Plaint till the date of payment, towards the damages and compensation to the Plaintiffs. b) For permanent injunction, restraining the Defendant and their men and agents from in any manner making, uploading, writing, printing, publishing, broadcasting, distributing or disseminating in print media or electronic media or internet media or any form whatsoever and defamatory material, statements, continuing in uploading, publishing-including the purported/video/audio any material or statement, relating to or arising from, relatable to, the Plaintiffs which is effecting and damaging the name and reputation of Plaintiffs in any manner.

c) Mandatory Injunction directing the defendant to remove/delete the false, defamatory video/audio or any other material or statements aforesaid including tagging the name of the Plaintiffs in all online media including but not limited to Twitter, Facebook, Instagram and Whatsapp.

d) To pass such further or other order or orders as this Honourable Court may deem fit and proper and thus render justice. 2/5

For Plaintiffs : Mr.Vijayan Subramanian For Respondent : Mr.J.Antony Jesuraja

JUDGMENT

The learned counsel appearing for the plaintiffs would submit that the defendant deleted the defamatory statements against the plaintiffs and had also uploaded a video expressing regret.

2. The learned counsel appearing for the plaintiffs would further submit that the defendant would also undertake not to delete the aforesaid video from the social media plat forms.

3. In such view of the matter, the learned counsel appearing for the plaintiffs seeks permission of this Court to withdraw the suit. He has also made an endorsement to that effect.

4. The defendant appeared through video conferencing. 3/5

5. In view of the endorsement made by the learned counsel for the plaintiffs, this Civil Suit is dismissed as withdrawn. No costs. Consequently, connected original application is closed. Registry is directed to refund the Court Fee as applicable. 30.06.2023 Internet : Yes/No Index : Yes/No Speaking Order/Non-Speaking Order rgm 4/5

K.KUMARESH BABU, J.

rgm and O.A.No.833 of 2022 30.06.2023 5/5