The Single Bench of the Delhi High Court in the case of Oravel Stays Limited vs Nine Network Private Limited & Ors. consisting of Justice Mini Pushkarna ordered Inventiva, a business magazine, to immediately take down all the defamatory articles made and published and disseminated regarding OYO.
Facts
This suit was filed by plaintiff seeking damages and permanent and mandatory injunction with respect to the defamatory articles written and published by the defendants with respect to the plaintiff OYO.
Contentions Made
Plaintiff: It was contended that the defendants in reckless disregard for the plaintiff’s reputation and goodwill, have consistently published articles on their website which has mass viewership. The said articles that have been published contain false and disparaging claims against the plaintiff. It was further contended that these articles made palpably untrue, bald and unverified allegations against the plaintiff and its founder, with a clear intent to damage the reputation. It was submitted that the articles pertaining to money laundering and other cases against the plaintiff company are totally false since no such cases were pending against them. It was submitted that with respect to the proceedings pending in other states, two proceedings had already been quashed, stay had been granted with respect to other proceeding and a settlement had also been reached. However, an appeal is pending before Hon’ble Supreme Court but no substantive orders have been passed by the Supreme Court in the same.
Observations by the Court
Relying on T.V. Today Network Limited vs. COGNATE & Ors, the Bench noted that ordinarily an interim injunction order cannot be passed in a suit where there is a claim of damages, but it does not necessarily imply that a Court cannot grant pre-trial injunction or order removal of a published defamatory article, pending trial.
Considering the submissions, it opined that the plaintiff was able to make a prima facie case in its favour for grant of ad-interim injunction in its favour. The balance of convenience was in favour of the plaintiff and Irreparable harm and injury would be caused to it if an interim injunction was not granted.
Judgment
The Bench restrained the defendants including their servants, agents, representatives, employees and other constituents from making, publishing and disseminating or publishing any false, defamatory, disparaging and misleading statements or articles pertaining to the plaintiff. It also directed the defendants to immediately take down all the defamatory articles made and published and disseminated regarding OYO on their website i.e., inventiva.co.in. It ordered to re-notify the captioned application on 06.02.2023.
Case: Oravel Stays Limited vs Nine Network Private Limited & Ors.
Citation: CS(OS) 627/2022
Bench: Justice Mini Pushkarna
Decided on: 14th October 2022
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