Madras High Court
Deepak Dinkar vs Surya Dinkar on 16 December, 2020
Author: N.Sathish Kumar
Bench: N.Sathish Kumar
C.S.No.693 of 2019 and
O.A.Nos.1093 & 1094 of 2019 and A.No.9451 of 2019
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 16.12.2020
CORAM
THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR
C.S.No.693 of 2019
and
O.A.Nos.1093 & 1094 of 2019
and
A.No.9451 of 2019
Deepak Dinkar ... Plaintiff
Vs.
1.Surya Dinkar
2.Ashok Kumar
3.Ashok Kumar
4.Ashok Kumar ... Defendants
Plaint filed under Order VII Rule 1 C.P.C. read with Order IV Rule
1 of the High Court Original Side Rules praying for:
(a) to grant permanent injunction restraining the
defendants, their associates, directors, partners, employees,
officers, servants, agents and all others acting for and on her
behalf including other unknown persons, from posting,
tweeting, publishing, uploading, disseminating, sharing,
pasting, commenting, providing interview, writing articles
1/13
https://www.mhc.tn.gov.in/judis/
C.S.No.693 of 2019 and
O.A.Nos.1093 & 1094 of 2019 and A.No.9451 of 2019
and/or posts either on the internet medium or offline medium
or through any other means of publication or any version or
parts of the contents in any manner through different
mediums on the internet like, email, WhatsApp, Twitter,
LinkedIn, Facebook, Instagram, Conditional Access System
or in any other like manner including on any social media
websites and mobile applications and/or on any
communication devices maligning the reputation of the
plaintiff, especially as regards his father's demise.
(b) To grant permanent injunction restraining the
defendants, their associates, directors, partners, employees,
officers, servants, agents and all others acting for and on her
behalf including other unknown persons not to disclose the
particulars pertaining to the present proceeding and the
orders, if any, passed by the Court, to the public and/or share
with the media or publicise in any manner directly or
indirectly including through any third parties acting through
them.
(c) To direct the first defendant, her associates,
directors, partners employees, officers, servants, agents and
all others acting for and on her behalf to remove/delete with
immediate effect, all false, abusive, accusatory, maligning,
defamatory content including articles, posts, tweets, web-
links, posted by her in the internet on various social media,
2/13
https://www.mhc.tn.gov.in/judis/
C.S.No.693 of 2019 and
O.A.Nos.1093 & 1094 of 2019 and A.No.9451 of 2019
especially the first defendant's original Facebook post dated
01.12.2019, apart from other websites, blogs etc., amounting
to defaming the reputation of the plaintiff and submit proof
to this Hon'ble Court of having removed/deleted the same.
(d) To grant damages for a sum of Rs.1,00,10,000/-
(Rupees One Crore and ten thousand only) in favour of the
plaintiff and against the defendants and such other damages
as may be quantified by this Hon'ble Court during the course
of present proceedings;
(e) Costs and such other relief as this Hon'ble Court
may deem fit, in the circumstances of the case, in the
interests of justice and equity.
For Plaintiff : Mr. K. Premchandar
For Defendants : Mr. Sriram, for D1
for M/S. A.S. Kailasam & Associates
JUDGMENT
The suit has been laid for the following reliefs:
(i) to grant permanent injunction restraining the defendants, their associates, directors, partners, employees, officers, servants, agents and all others acting for and on her behalf including other unknown persons, from posting, tweeting, publishing, uploading, disseminating, sharing, 3/13 https://www.mhc.tn.gov.in/judis/ C.S.No.693 of 2019 and O.A.Nos.1093 & 1094 of 2019 and A.No.9451 of 2019 pasting, commenting, providing interview, writing articles and/or posts either on the internet medium or offline medium or through any other means of publication or any version or parts of the contents in any manner through different mediums on the internet like, email, WhatsApp, Twitter, LinkedIn, Facebook, Instagram, Conditional Access System or in any other like manner including on any social media websites and mobile applications and/or on any communication devices maligning the reputation of the plaintiff, especially as regards his father's demise.
(ii) To grant permanent injunction restraining the defendants, their associates, directors, partners, employees, officers, servants, agents and all others acting for and on her behalf including other unknown persons not to disclose the particulars pertaining to the present proceeding and the orders, if any, passed by the Court, to the public and/or share with the media or publicise in any manner directly or indirectly including through any third parties acting through them.
(iii) To direct the first defendant, her associates, directors, partners employees, officers, servants, agents and all others acting for and on her behalf to remove/delete with immediate effect, all false, abusive, accusatory, maligning, defamatory content including articles, posts, tweets, web-4/13
https://www.mhc.tn.gov.in/judis/ C.S.No.693 of 2019 and O.A.Nos.1093 & 1094 of 2019 and A.No.9451 of 2019 links, posted by her in the internet on various social media, especially the first defendant's original Facebook post dated 01.12.2019, apart from other websites, blogs etc., amounting to defaming the reputation of the plaintiff and submit proof to this Hon'ble Court of having removed/deleted the same.
(iv) To grant damages for a sum of Rs.1,00,10,000/- (Rupees One Crore and ten thousand only) in favour of the plaintiff and against the defendants and such other damages as may be quantified by this Hon'ble Court during the course of present proceedings;
(v) Costs and such other relief as this Hon'ble Court may deem fit, in the circumstances of the case, in the interests of justice and equity.
2. When the matter is taken up for hearing, a joint memo of compromise entered into between the plaintiff and defendants dated 21.12.2020, signed by the parties and duly attested by their respective counsel has been produced.
3. Learned counsel appearing for the plaintiff as well as the learned counsel appearing for the defendants would submit that the suit 5/13 https://www.mhc.tn.gov.in/judis/ C.S.No.693 of 2019 and O.A.Nos.1093 & 1094 of 2019 and A.No.9451 of 2019 may be decreed in terms of the memo of compromise dated 21.12.2020.
The memo of compromise reads as under:
“The plaintiff and defendants have arrived at a settlement on the following terms and conditions. The terms plaintiff and defendants shall mean and include the heirs, legal representatives, executors, administrators, successors in business and assigns of each party.
1. Whereas the plaintiff instituted the instant suit against the defendants seeking the following reliefs set out in paragraph 40 of the plaint:
(i) to grant permanent injunction restraining the defendants, their associates, directors, partners, employees, officers, servants, agents and all others acting for and on her behalf including other unknown persons, from posting, tweeting, publishing, uploading, disseminating, sharing, pasting, commenting, providing interview, writing articles and/or posts either on the internet medium or offline medium or through any other means of publication or any version or parts of the contents in any manner through different mediums on the internet like, email, WhatsApp, Twitter, LinkedIn, Facebook, Instagram, Conditional Access System or in any other like manner including on any social media websites and mobile applications and/or on 6/13 https://www.mhc.tn.gov.in/judis/ C.S.No.693 of 2019 and O.A.Nos.1093 & 1094 of 2019 and A.No.9451 of 2019 any communication devices maligning the reputation of the plaintiff, especially as regards his father's demise.
(ii) To grant permanent injunction restraining the defendants, their associates, directors, partners, employees, officers, servants, agents and all others acting for and on her behalf including other unknown persons not to disclose the particulars pertaining to the present proceeding and the orders, if any, passed by the Court, to the public and/or share with the media or publicise in any manner directly or indirectly including through any third parties acting through them.
(iii) To direct the first defendant, her associates, directors, partners employees, officers, servants, agents and all others acting for and on her behalf to remove/delete with immediate effect, all false, abusive, accusatory, maligning, defamatory content including articles, posts, tweets, web-
links, posted by her in the internet on various social media, especially the first defendant's original Facebook post dated 01.12.2019, apart from other websites, blogs etc., amounting to defaming the reputation of the plaintiff and submit proof to this Hon'ble Court of having removed/deleted the same.
(iv) To grant damages for a sum of Rs.1,00,10,000/- (Rupees One Crore and ten thousand only) in favour of the 7/13 https://www.mhc.tn.gov.in/judis/ C.S.No.693 of 2019 and O.A.Nos.1093 & 1094 of 2019 and A.No.9451 of 2019 plaintiff and against the defendants and such other damages as may be quantified by this Hon'ble Court during the course of present proceedings;
(v) Costs and such other relief as this Hon'ble Court may deem fit, in the circumstances of the case, in the interests of justice and equity.
2. Whereas the Hon'ble Court in C.S.No.693 of 2019, vide order dated 5th December 2019 in OA.No.1093 of 2019, OA.No.1904 of 2019 and A.No.9541 of 2019 passed the following ad interim injunction;
[i] an ad-interim mandatory injunction is granted directing the first respondent, her associates, directors, partners, employees, officers, servants, agents, facebook friends and all those who received the said post to remove/delete with immediate effect the facebook post dated 01.12.2019 from all social media, blogs, etc., and submit proof thereof to this Court on or before 19.12.2019.
[ii] an ad-interim injunction is granted restraining the first respondent, her associates, directors, partners, employees, officers, servants, agents and all others acting for and on her behalf, including other unknown persons, from posting, tweeting, publishing, uploading and disseminating information on any media (albeit subject to fair comment) alleging or insinuating that the applicant is 8/13 https://www.mhc.tn.gov.in/judis/ C.S.No.693 of 2019 and O.A.Nos.1093 & 1094 of 2019 and A.No.9451 of 2019 complicit in or responsible for the death of the father of the applicant and the first respondent.
3. Whereas the plaintiff and defendants in order to settle all disputes relating to the instant suit have arrived at a settlement on the following terms and conditions. Salma Royal Residency – Property A:
4. Whereas the plaintiff is in the enjoyment and possession of the property at B-Block, G2, No.48/1, Salma Royal Residency, Muthukumararappa Street, Saligrammam, Chennai – 600 093 measuring 740 sq.ft along with 400 sq.ft undivided share in the land comprised in Survey No.111/2 part and new survey No.111/4 situated at No.97, Saligramam Village, Chennai hereinafter referred as Property A which was registered in favour of the plaintiff and his father. On 31st August 2019, plaintiff's father died.
5. The 1st defendant hereby confirms unconditionally transferring her share in the property A in favour of the plaintiff and has executed a release Deed in favour of the plaintiff on 21st December 2020. The 1st defendant further undertakes not to claim any right over Property A and relinquishes all other rights, claim or interest in the said property.
6. The 1st defendant's mother also released her respective share in the Property A in favour of the plaintiff 9/13 https://www.mhc.tn.gov.in/judis/ C.S.No.693 of 2019 and O.A.Nos.1093 & 1094 of 2019 and A.No.9451 of 2019 by virtue of which the plaintiff has become the sole owner of the Property A. Movable Properties a. Whereas the 1st defendant hereby confirms receiving her belongings as listed in Annexure A with this memo of compromise Tambaram Plot-Property B
7. Whereas the plaintiff is in the enjoyment and possession of the property bearing Plot No.97, having extent of 2135 sq.ft comprised in Survey No.28 part S.L.R. Ward No.A, Block No.1, T.S.Nos.33 and 43 situated at Pilikoradu Village at Tambaram hereinafter referred as Property B which currently stands registered solely in favour of the plaintiff.
8. The plaintiff hereby confirms settling the entire property thereby transferring absolute ownership of the Tambaram property which measures about 2137 sq.ft to the 1st defendant by virtue of a Settlement Deed dated 21st December 2020, executed by the plaintiff. Legal Heirship Certificate
9. The 1st defendant shall co-operate with the plaintiff and their mother in obtaining Legal Heirship certificate of their late father from the respondent authorities and in this connection, sign all necessary forms 10/13 https://www.mhc.tn.gov.in/judis/ C.S.No.693 of 2019 and O.A.Nos.1093 & 1094 of 2019 and A.No.9451 of 2019 for the same and bear their own cost.
Undertaking on Defamation
10. The 1st defendant agree and undertake not to defame, malign and/or make any imputation against the plaintiff in any social media platform or likewise henceforth defaming the reputation of the plaintiff and especially with reference to the demise of their father or in any other manner.
11. The 1st defendant agrees and undertake to delete and remove all reference posted in the online medium and offline medium regarding the contents in issue in the present suit and also agree to delete and remove all other contents which are in the nature of defaming the reputation of the plaintiff and further agrees to remove as and when the plaintiff provides the links and details of the contents to the 1st defendant.
12. The 1st defendant submit to judgment and decree as prayed for in terms of prayers in paragraphs 40(A), (B) & (C) of the plaint and all the reliefs against all other defendants are given up.
13. In view of the fact that the plaintiff and 1st defendant are brother and sister, the parties will bear their respective costs.
14. Subject to the aforesaid express undertaking by 11/13 https://www.mhc.tn.gov.in/judis/ C.S.No.693 of 2019 and O.A.Nos.1093 & 1094 of 2019 and A.No.9451 of 2019 the 1st defendant, the plaintiff agrees to give up the other reliefs claimed by them in the plaint and against all other defendants.
15. It is therefore prayed that the present memorandum of compromise may be recorded and a decree in terms of paragraphs 40(A), 40(B), 40(C) of the plaint may be passed in favour of the plaintiff and against the defendants by the Hon'ble Court, and also incorporating the other terms of the settlement regarding transfer of properties in the respective parties name.
It is therefore humbly prayed that this Hon'ble Court may record the Memorandum of Compromise and the Decree may be passed incorporating the terms of the compromise as stated above, thereby rendering justice.
4. Accordingly, the suit stands decreed in terms of the memorandum of compromise dated 21.12.2020 and the memorandum of compromise shall form part of the decree. No costs. Consequently, connected applications are closed.
23.12.2020 AT 12/13 https://www.mhc.tn.gov.in/judis/ C.S.No.693 of 2019 and O.A.Nos.1093 & 1094 of 2019 and A.No.9451 of 2019 N.SATHISH KUMAR,J.
AT C.S.No.693 of 2019 and O.A.Nos.1093 & 1094 of 2019 and A.No.9451 of 2019 23.12.2020 13/13 https://www.mhc.tn.gov.in/judis/