Karnataka High Court
C. Krishnaiah Chetty And Co. Pvt. Ltd vs Dr C Vinod Hayagriv on 4 January, 2024
Author: H.P.Sandesh
Bench: H.P.Sandesh
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MFA No. 2 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 4TH DAY OF JANUARY, 2024
BEFORE
THE HON'BLE MR JUSTICE H.P.SANDESH
MISCELLANEOUS FIRST APPEAL NO. 2 OF 2024 (CPC)
BETWEEN:
1. C. KRISHNAIAH CHETTY AND CO. PVT. LTD.,
HAVING ITS REGISTERED OFFICE
AT THE TOUCHSTONE B BLOCK
NO.2/4, 4TH FLOOR
MAIN GUARD CROSS ROAD,
BANGLAORE- 560 001
THROUGH ITS DIRECTOR
MR. GANESH NARAYAN
2. GANESH NARAYAN
DIRECTOR OF APPELLANT NO.1
SON OF LATE MR. C.V. NARAYAN
AGED ABOUT 43 YEARS
3. C. VALLI NARAYAN
Digitally signed
by SHARANYA T DIRECTOR OF APPELLANT NO.1
Location: HIGH WIFE OF LATE MR. C.V. NARAYAN
COURT OF AGED ABOUT 76 YEARS
KARNATAKA
APPELLANT NO.2 AND 3,
RESIDE AT NO.44,
OSBORNE ROAD, ULSOOR
BENGALURU-560 042.
...APPELLANTS
(BY SRI. K.N.PHANINDRA, SENIOR COUNSEL FOR
MISS. KRUTIKA RAGHAVAN & MISS.SAMEEKSHA, ADVOCATES)
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MFA No. 2 of 2024
AND:
1. DR. C. VINOD HAYAGRIV
S/O MR.C.V. HAYAGRIV
AGED ABOUT 62 YEARS
2. MR. C.V. HAYAGRIV
S/O LATE MR. C.V. CHETTY
AGED ABOUT 84 YEARS
3. MRS. C. TRIVENI VINOD
W/O DR. C. VINOD HAYAGGRIV
AGED ABOUT 57 YEARS
4. MRS. C. VISALA HAYAGRIV
W/O MR. C.V. HAYAGRIV
AGED ABOUT 80 YEARS
5. MR. CHAITANYA V CHOTHA
S/O DR. C. VINOD HAYAGRIV
AGED ABOUT 35 YEARS
6. MR. SHREYAS V. COTHA
S/O DR.C. VINOD HAYAGRIV
AGED ABOUT 33 YARS
ALL ARE RESIDING AT
"KRISHNA PRASAD"
1/34, ULSOOR ROAD,
BANGALORE-560042
7. THE HINDU
(PRINT /NEWSPAPER PLATFORM)
THROUGH AUTHORIZED REPRESENTATIVE
ADDRESS 19 AND 21
BHAGWAN MAHAVIR ROAD,
INFANTRY RD
BEHIND INDIAN EXPRESS
BENGALURU-560 001.
8. FACEBOOK INDIA ONLINE SERVICES
PRIATE LIMITED
THROUTH AUTHORIZED REPRESENTATIVE
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MFA No. 2 of 2024
ADDRESS: LEVEL 17, WING B
TWO HORIZON CENTER
HARIZAN COLONY, SECTOR 43,
GURUGRAM (122022), HARYANA.
9. INSTAGRAM LLC
THROUGH AUTHORIZED REPRESENTATIVE
ADDRESS: 1601 WILLOW ROAD,
MENLO PARK
CALIFORNIA 94025.
10. GOOGLE
THROUGH AUTHORIZED REPRESENTATIVE
ADDRESS: NO.3,
RMZ INFINITY TOWER 3
OLD MADRAS ROAD,
4TH AND 5TH FLOORS
BANGALORE-560 016
11. WHATSAPP
THROUGH AUTHORIZED REPRESENTATIVE
ADDRESS: 1601
WILLOW ROAD,
MENLO PARK
CALIFORNIA 94025.
12. YOUTUBE
THROUGH AUTHORIZED REPRESENTATIVE
ADDRESS: GOOGLE INDIA PVT. LTD.,
1ST FLOOR, 3 NORTH AVENUE
MARKER NO.6, MAXITY
BANDRA KURLA COMPLEX
BANDRA EAST
MUMBAI (400051)
MAHARASHTRA.
13. X INDIA
THROUGH AUTHORIZED REPRESENTATIVE
ADDRESS: B, OLD MADRAS
SADANANDANAGAR
BENNIGANAHALLI
BENGALURU-560 016.
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MFA No. 2 of 2024
14. DECCAN HERALD
(PRINT / NEWSPAPER PLATFORM)
THROUGH AUTHORIZED REPRESENTATIVE
ADDRESS: 75, M.G ROAD,
BANGALORE-560 005.
15. DECCAN CHORONICLE
(PRINT /NEWSPAPER AND DIGITAL PLATFORM)
THROUGH AUTHORIZED REPRESENTATIVE
ADDRESS: 5TH FLOOR
BMTC COMMERCIAL COMPLEX
80 FEET RD, KORAMANGALA
BENGALURU-560 095.
16. TIMES OF INDIA
(PRINT/NEWSPAPER AND DIGITAL PLATFORM)
THROUGH AUTHORIZED REPRESENTATIVE
S AND B TOWRS, 2ND FLOOR
40/1, M.G. ROAD,
BANGALORE-560 001.
17. THE INDIAN EXPRESS
(PRING /NEWSPAPER AND DIGITAL PLATFORM)
THROUGH AUTHORIZED REPRESENTATIVE
ADDRESS: 502, DEVATHA PLAZA
5TH FLOOR, 131, RESIDENCY ROAD,
BENGALURU-560 025.
18. BANGLAORE MIRROR
(PRINT/NEWSPAPER AND DIGITAL PLATFORM)
THROUGH AUTHORIZED REPRESENTATIVE
ADDRES NO.17, DUPARC BUILDING,
OPP. VIJAYA BANK
MAHATMA GANDHI RD
BENGALURU-560 001.
19. LINKEDIN
THROUGH AUTHORIZED REPRESENTATIVE
ADDRESS: 7TH FLOOR, TOWER A,
GLOBAL TECHNOLOGY PARK
DEVARABISANAHALLI RD
NEXT TO INTEL
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MFA No. 2 of 2024
ADARSH PALM RETREAT
BELLANDUR BENGAURU (560 103)
20. VIJAYA KARNATAKA
(PRINT/NEWSPAPER ANDDIGITAL PLATFORM)
THROUGH AUTHORIZED REPRESENTATIVE
C/O METROPOLITAN MEDIA COMPANY LTD.,
NO.4, KSCCF COMPOUND
PAMPA MAHAKAI ROAD,
CHAMARAJPET
BANGALORE-560 018.
21. PRAJAVANI
(PRINT/NEWSPAPER AND DIGITAL PLATFORM)
THROUGH AUTHORIZED REPRESENTATIVE
ADDRESS: THE PRINTERS (MYOSRE) PRIVATE LTD.,
75, M.G.ROAD, POST BOX NO.5331
BENGALURU-560 001.
22. KANNADA PRABHA
(PRINT/NEWSPAPER AND DIGITAL PLATFORM)
THROUGH AUTHORIZED REPRESENTATIVE
ADDRESS NO.36, CRESCENT ROAD,
OPPMALLIGE HOSPITAL, BENGALURU,
KARNATAKA-560 001.
23. VIJAYAVANI
(PRINT/NEWSPAPER AND DIGITAL PLATFORM)
THROUGH AUTHORIZED REPRESENTATIVE
ADDRESS SRI SAIRAM TOWERS
24, 5TH MAIN RD, CHAMARAJPET
BENGALURU-560018.
24. INDIAN NEWS SERVICE
(PRINT/NEWSPAPER AND DIGITAL PLATFORM)
THROUGH AUTHORIZED REPRESENTATIVE
ADDRESS: MS MARY PAUL
SECRETARY GENERAL
THE INDIAN NEWSPAPER SOCIETY
I.N.S BUILDING RAFI MARG
NEW DELHI (110001)
25. MATHRUBHUMI AROGYAMA
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MFA No. 2 of 2024
(PRINT/NEWSPAPER AND DIGITAL PLATFORM)
THROUGH AUTHORIZED REPRESENTATIVE
ADDRESS: THE MATHRUBHUMI PRINT AND
PUBLISHING CO. LTD.,
MJ KRISHNAMOHAN MEMORIAL BUILDING
KP KESAVA MENON ROAD
KOZHIKODE (673001), KERALA.
26. SAKSHI VISAKHAPATNA
(PRINT/NEWSPAPER AND DIGITAL PLATFORM)
THROUGH AUTHORIZED REPRESENTATIVE
ADDRESS: JAGATI PUBLICATIONS LIMITED
D.NO.6-3-249/1, SAKSHI TOWERS ROAD,
NO.1, BANJARA HILLS
HYDERABAD (500034).
27. THE STATESMAN
(PRINT/NEWSPAPER AND DIGITAL PLATFORM)
THROUGH AUTHORIZED REPRESENTATIVE
ADDRESS STATESMAN HOUSE 4
CHOWRINGHEE SQUARE
KOLKATA (700001)
WEST BENGAL.
28. GRIHALAKSHMI
(PRINT/NEWSPAPER AND DIGITAL PLATFORM)
THROUGH AUTHORIZED REPRESENTATIVE
ADDRSS MATHRUBHUMI
K P KESAVA MENON ROAD,
KOZHIKODE (673001), KERALA.
29. MALAYALA MANORMA
(PRINT/NEWSPAPER AND DIGITAL PLATFORM)
THROUGH AUTHORIZED REPRESENTATIVE
ADRESS MALAYALA MONORMA LTD.,
K.K. ROAD, KOTAYAM (686001), KERALA.
30. MID-DAY
(PRINT/NEWSPAPER AND DIGITAL PLATFORM)
THROUGH AUTHORIZED REPRESENTATIVE
ADDRSS: 50, OKHLA PHASE III
NEW DELHI (110020).
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MFA No. 2 of 2024
31. UDAYAVANI
(PRINT/NEWSPAPER AND DIGITAL PLATFORM)
THROUGH AUTHORIZED REPRESENTATIVE
MANIPAL CENTRE MANIPAL CENTRE
201, 2ND FLOOR, UDAYA VANI NORTH BLOCK
47, DICKENSON RD, BENGALURU,
KARNATAKA-560 042.
32. SAMYUKTA KARNATAKA
(PRINT/NEWSPAPER AND DIGITAL PLATFORM)
THROUGH AUTHORIZED REPRESENTATIVE
ADDRESS: 2, RESIDENCY RD
SHANTHALA NAGAR, ASHOK NAGAR
BANGALORE, KARATAKA-560 025.
33. EENADU
(PRINT/NEWSPAPER AND DIGITAL PLATFORM)
THROUGH AUTHORIZED REPRESENTATIVE
2ND FLOOR 44/2, DICKENSON ROAD
BANGALORE-560 042.
34. MYSORE MITA /MYSURU MITHRA
(PRINT/NEWSPAPER AND DIGITAL PLATFORM)
THROUGH AUTHORIZED REPRESENTATIVE
THE PRINTERS (MYSORE) PRIVATE LTD
75, M.G ROAD, POST BOX NO.5331,
BENGALURU-560 001.
35. STAR OF MYSORE
(PRINT/NEWSPAPER AND DIGITAL PLATFORM)
THROUGH AUTHORIZED REPRESENTATIVE
15-C, INDUSTRIAL LAYOUT, BANNIMANTAP
MYSURU-570 015.
36. FEVER 104 HT MEDIA LTD.,
THROUGH AUTHORIZED REPRESENTATIVE
NO.1 AND 2, 3RD FLOOR
TOUCHDOWN BUILDING
HAL INDUSTRIAL AREA
VIBHUDIPURA, MARATHAHALLI
(OPPOSITE HAL MUSEUM)
BANGLAOE-560 037
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MFA No. 2 of 2024
37. BIG FM
THROUGH AUTHORIZED REPRESENTATIVE
BIG FM (RBNL)
QUEST OFICES PVT. LTD.,
RAHEJA TOWERS, LEVEL 10,
26-27, MG ROAD PALACE
BENGALURU-560 001.
38. RADIO INDIGO
THROUGH AUTHORIZED REPRESENTATIVE
212, DOMLUR, 1ST MAIN RD,
2ND STAGE, INDIRANGAR,
BENGALURU
KARNATAKA-560 711.
39. RADIO MIRCHI
THROUGH AUTHORIZED REPRESENTATIVE
39/2, SAGAR BUILDING
3RD FLOOR, BANNERGHATTA
BANGALORE-560 029
KARNATKA.
40. RED FM
THROUGH AUTHORIZED REPRESENTATIVE
MARAN TOWERS 9,
BRUNTON ROAD
OFF MAHATMA GANDHI RD
BENGALURU
KARNATAKA-560 025.
41. RADIO ONE
THROUGH AUTHORIZED REPRESENTATIVE
3RD FLOOR, TOUCHDOWN
NO.1 AND 2, HAL INDUSTRIAL AREA
VIBUTHIPURA, HAL GB QUARTERS
MARATHAHALLI, BENGALURU
KARNATAKA-560 037.
42. RADIO CITY
THROUGH AUTHORIZED REPRESENTATIVE
PHOENIX PINNACLE
YELLAPPA GARDEN
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MFA No. 2 of 2024
YELLAPAP CHETTY LAYOUT
SIVANCHETTI GARDENS
BENGALURU
KARNATAKA-560 001.
43. AVINASHI ADS
THROUGH AUTHORIZED REPRESENTATIVE
NO.8A(42), 4TH FLOOR, 2ND MAIN RD,
YESHWANTHPUR INDUSTRIAL AREA
RAGHAVENDRALAYOUT,
YESWANTHPUR, BENGALURU,
KARNATAKA-560 022.
44. POPULAR ADS
THROUGH AUTHORIZED REPRESENTATIVE
LAL BAGH MAIN RD
VINOBHA NGAR
SUDHAMA NAGAR
BENGALURU
KARNATAKA-560 002.
45. SINGPOST
THROUGH AUTHORIZED REPRESENTATIVE
PRITHAM PLAZA NO.18,
YELLAMMAN KOIL STREET
OFF KENSINGTON ROAD
ADJ TO GURUDWARA, HALASURU
KARNATKA-560008.
46. TIMES OH (OUTDOOR ADVERTISING)
THROUGH AUTHORIZED REPRESENTATIVE
39, BANNERGHATTA ROAD
GURAPPANAPALYA
BHVANI NAGAR
BTM 1ST STAGEN
BENGALURU
KARNATAKA-560 029.
47. PRIYANKA UPENDRA
ADDRESS: SU-MANE
NEAR BIG BAZAR
BANASHANKARI 3RD STAGE
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MFA No. 2 of 2024
KATHRIGUPPE, BANGAORE SOUTH
BANGALORE, KARNATAKA, INDIA.
48. SHRUTHI GOWDA
ADDRESS NO.42,
SUDHA MANSION
7TH MAIN, 1ST CROSS
BSK 3RD STAGE
BENGALURU-560 085.
49. OMS THE TIMES OF INIDA
OMS - A DIVISION OF TIMES
INTERNET LIMITED,
TIMES OF INDIA GROUP
NO.20, ASHA ENCLAVE
3RD FLOOR, CHURCH STREET
BANGALORE-560 001.
...RESPONDENTS
(BY SRI MANDEEP KALRA, ADVOCATE FOR
SRI HITESH GOWDA B.J., ADVOCATE FOR R1 TO R6)
THIS MFA IS FILED U/O 43 RULE 1(r) R/W SECTION 151
OF CPC, AGAINST THE ORDER DATED 20.12.2023 PASSED ON
I.A.NO.1 IN O.S.NO.8181/2023 ON THE FILE OF THE XV
ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BENGALURU,
ISSUING EXPARTE TEMPORARY INJUNCTION AGAINST
DEFENDANTS AS PRAYED IN I.A.NO. TILL THE NEXT DATE OF
HEARING.
THIS APPEAL, COMING ON FOR FINAL HEARING, THIS
DAY, THE COURT DELIVERED THE FOLLOWING:
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MFA No. 2 of 2024
JUDGMENT
Heard the learned counsel for the appellants and learned
counsel for the respondents.
2. This appeal is filed praying this Court to set aside
the order dated 20.12.2023 passed by the XV Additional City
Civil and Sessions Judge, Bengaluru passed on I.A.No.1 filed
under Order 39, Rule 1 and 2 read with Section 151 of CPC in
O.S.No.8181/2023.
3. The prayer made in the application in I.A.No.1 filed
for grant of temporary injunction in O.S.No.1/2023 is to
dispense with the issuance of notices to defendants and grant
an interim order against the defendants restraining the
defendants, their agents, friends, henchmen and assignees or
any of them acting on their behalf and/or any person, entity, in
print or electronic and social media or internet from publishing
any news, newscast, telecast newsflash, bulletin, update,
information, gossip, conversation, documentation, material
report communication of any kind which may damage the
image or cause harm to the plaintiffs which highlights any form
of allegations against the plaintiffs in the form of headlines
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connecting or associating plaintiffs with those allegations and
further direct and restrain the defendants from publication in
print media or in electronic form or any manner publishing the
said news in televised form.
4. In support of the application, an affidavit is also
sworn to and the learned counsel for the appellants brought to
notice of this Court that in the affidavit, a reference is made
with regard to the appellants are concerned and also brought to
notice of this Court the prayer made in the accompanying
affidavit filed in support of the said application.
5. Learned counsel for the appellants would submit
that without making them as party to the proceedings, an order
has been passed and the same affects the interest of the
appellants. The learned counsel also brought to notice of this
Court Para Nos.5 and 6 of the impugned order passed by the
Trial Court and contend that without making the appellants as
parties, a restraint order has been passed which affects the
appellants.
6. Per contra, learned counsel for the respondents
would contend that the prayer in the application is very clear
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and no restraint order is sought against the appellants. The
counsel also would further submit that affidavit is filed in
support of the application explaining the circumstances under
which the interim order is sought. The Trial Court has not
committed any error in granting an ex-parte temporary
injunction and the same does not require any interference.
7. In reply to the said contention, learned counsel for
the appellants relied upon the judgment of the Apex Court in
ACQUA BOREWELL PVT. LTD. VS. SWAYAM PRABHA &
OTHERS reported in CIVIL APPEAL NOS.6779-6780 OF
2021 dated 17.11.2021 and contend that when the interim
order is affecting the interest of the appellants without arraying
them as parties to the proceedings, there cannot be any such
interim order. The counsel also relied upon the judgment of
this Court in PARAMVAH STUDIOS PVT. LTD. AND
ANOTHER VS. LAHARI RECORDING COMPANY reported in
ILR 2017 KAR 1795. The counsel referring this judgment
would contend that without giving any notice and without
assigning any reasons for dispensing the notice, order of
temporary injunction granted by the Trial Court is erroneous.
Hence, it requires interference.
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8. Having heard the learned counsel for the appellants
and learned counsel for the respondents, this Court has to look
into the prayer made in the application. The prayer made in
the application is very clear with regard to the relief sought to
restrain the defendants from publishing any news affecting the
interest of the plaintiffs. No doubt, learned counsel appearing
for the appellants brought to notice of this Court that the
averments made in the affidavit filed in support of the
application and also the prayer sought in the affidavit, when an
application is filed under Order 39, Rule 1 and 2 read with
Section 151 of CPC to restrain the defendants and their agents
from publishing any news or newsflash against the plaintiffs,
the affidavit also should be in consonance with the application
and there cannot be two yardstick in the application as well as
the affidavit filed in support of the application and there cannot
be different prayers in the affidavit and the application and the
prayer in the affidavit also should be in consonance with the
prayer sought in the application. But, in the case on hand, the
prayer in the application and the affidavit is different and the
Trial Court also while granting an ad-interim order, taken note
of the same and reference is also made with regard to the
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averments made in the affidavit and in Para No.6 of the order
of the Trial Court, an observation is made that the plaintiffs in
the affidavit filed along with I.A.No.1 stated that if the
defendants are not restrained from publishing regarding 'C
Krishnaiah Chetty & Co. Pvt. Ltd.' it will cause irreparable
hardship to them as they have no right to publish such illegal
advertisement which is prohibited by National Company Law
Tribunal. The Trial Court also taken note of the averments
made in the affidavit with regard to the appellants are
concerned and granted an ex-parte temporary injunction
against the defendants as prayed in I.A.No.1, till the next date
of hearing.
9. Having perused the order passed by the Trial Court,
no doubt, the Trial Court has passed an restraint order against
the defendants in terms of the prayer sought in I.A.No.1. There
is no specific prayer against the appellants herein in the
application, but an affidavit is filed against the interest of the
appellants and the Trial Court also taken note of the same in
Para No.6 while granting the relief and if the interim order of
temporary injunction granted by the Trial Court against the
defendants as prayed in I.A.No.1 is modified, as the same
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should not affect the interest of the appellants it would meet
the ends of Justice. But, in view of the observations made by
the Trial Court, it is clarified that the restraint order prevails
only against the defendants and with regard to the reference
made in respect of the appellants are concerned, there cannot
be any injunctive order considering the averments made in the
affidavit and also the prayer made in the application, it is
clarified that the restraint order against the defendants is only
in terms of the prayer as sought in I.A.No.1 and it should not
affect the interest of the appellants and without making the
appellants as parties to the proceedings, order cannot be
passed against the appellants and to that extent it is clarified.
Hence, liberty is given to the respondents, if they choose to
seek any relief against the appellants, the respondents herein
to make the appellants as parties to the proceedings and seek
appropriate relief before the Trial Court.
10. With these observations, the appeal is disposed of.
If any such application is filed by the respondents, the Trial
Court to dispose of the same on merits without being
influenced by the observations made hereinabove by this Court.
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In view of disposal of the appeal, I.A.Nos.3/2024 and
4/2024 do not survive for consideration and the same stand
disposed of.
Sd/-
JUDGE
ST
