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Madras High CourtA/9650/2018allowed

Vgn Property Developers Pvt Ltd v. R.Ranjit S/O.Mr.Ramachandran

2018-12-11Honourable Mr Justice R. Suresh Kumar3 pages

A.No.9650 of 2018 R. SURESH KUMAR, J.

This application has been filed by the plaintiff/applicant, seeking leave of this Court to sue the defendants before this Court, by instituting the suit, mentioned therein.

2.In the suit, the prayer sought for in the plaint, reads thus : "The plaintiff therefore pray that the judgment and decree against the defendants jointly and severally and in favour of the plaintiff.

a) granting an order of permanent injunction restraining the defendants or their men or any persons claiming through them from making or telecasting the defamatory and malicious statements attributed against the plaintiff; b) to direct the defendants to jointly and severally to pay a sum of Rs.1,00,00,000/- (Rupees One Crore only), to the plaintiff towards damages that has been caused to their reputation, goodwill and respect they enjoy among the common public by issuing statement to the media with an intention to defame them.

c) to direct the defendants jointly and severally to pay the entire cost of the suit.

3.It is submitted by the learned counsel for the applicant/plaintiff that, though, the 1st respondent/defendant is residing within the jurisdiction of the District

Munsif Court, Ambathur, and the 2nd respondent/defendant is having its registered office at Salem, the applicant/plaintiff is having business and office at Chennai, i.e. at Nungambakkam, Chennai - 600 034 and the defamatory remarks of the 1st respondent/defendant had been telecast by the 2nd respondent/defendant, mainly at Chennai, and also at other places, because of which, the reputation of the applicant/plaintiff is at stake and since, the applicant/plaintiff seeks for a permanent injunction against both the defendants, from making such defamatory remarks, against the applicant/plaintiff through the electronic media of the 2nd respondent and also prayed for a sum of Rs.1,00,00,000/- (Rupees One crore only) towards damages, the entire cause of action arose only at Chennai, and therefore, the applicant/plaintiff has instituted the suit before this Court. Hence, he seeks for the leave.

4.I have considered the said submissions, made by the learned counsel for the applicant/plaintiff and have gone through the averments, made in the affidavit, filed in support of this application and having satisfied with the same, this application is allowed and the leave is granted, as prayed for. 5.Registry is directed to process the numbering of the Civil Suit, if it is otherwise in order, and post the same on 12.12.2018 for hearing. 11.12.2018 mkn

R. SURESH KUMAR, J.

mkn A.No.9650 of 2018 11.12.2018