Calcutta High Court
Dippaman Samanta vs Nirmal Sinha And Anr on 18 November, 2022
Author: Arindam Mukherjee
Bench: Arindam Mukherjee
ORDER SHEET
OD-16
IN THE HIGH COURT AT CALCUTTA
ORDINARY ORIGINAL CIVIL JURISDICTION
ORIGINAL SIDE
CS 130 OF 2021
IA NO: GA 2 OF 2021, GA 3 OF 2022, GA 5 OF 2022
IN THE MATTER OF
DIPPAMAN SAMANTA
VS
NIRMAL SINHA AND ANR.
BEFORE:
The Hon'ble JUSTICE ARINDAM MUKHERJEE
Date: 18th November, 2022.
Appearance:
Mr. Debdatta Sen, Adv.
Mr. Rudraman Bhattacharya, Adv.
Ms. Suchishmita Ghosh Chatterjee, Adv.
For plaintiff Mr.Farhan Ghaffar, Adv.
For defendants Re:GA 2 of 2021 The Court :- This is an application by the plaintiff, inter alia, for injunction in a suit for defamation.
An interim order was passed on 23rd November, 2021 recording undertaking of the defendant no.1. Despite the said undertaking being in subsistence, the plaintiff says that the defendants have made further publication. Alleging violation of the said order dated 23rd November, 2021, the plaintiff has taken out an application for contempt which is pending before Shekhar B. Saraf, J. Affidavits are not complete in the application. 2
Affidavit-in-opposition in GA 2 of 2022 shall be filed by 9th December, 2022; reply thereto, if any, be filed by 22nd December, 2022.
Let the application appear in the monthly list of January, 2023 under the heading "Motion Adjourned".
Re: GA 3 of 2022 This is an application by the defendant no.2 for expunging his name from the array of defendants. The defendant no.2 says that he is the advocate for the defendant no.1 and admittedly wrote letters on the instruction of the defendant no.1. The said defendant, therefore, cannot be held responsible for any defamatory action against the plaintiff.
Let affidavit-in-opposition be filed by 9th December, 2022, reply, if any, thereto be filed by 22nd December, 2022. Let this application appear in the monthly list of January, 2023 under the heading "Motion Adjourned".
Re: GA 5 of 2022 This is plaintiff's second application for injunction made on the ground that despite there being an undertaking as recorded in the order dated 23rd November, 2021, the defendants have continued to publish defamatory letters and/or make insinuating statements.
An order has been passed on 29th September, 2022 in this application restraining the defendants from making further defamatory statements. In the 3 said application directions for affidavits have been given but no affidavits have yet been filed on behalf of the defendants.
Affidavit-in-opposition in GA 5 of 2022 shall be filed by 9th December, 2022; reply thereto, if any, be filed by 22nd December, 2022. Let the application appear in the monthly list of January, 2023 under the heading "Motion Adjourned".
Re: CS 130 of 2021 The suit is not ready for hearing only the written statement has been filed by defendant no.1.
The suit be adjourned and shall appear in the monthly list of February, 2023. Parties are directed to complete their discovery and inspection of documents, file their respective affidavit of documents, prepare the Judge's Brief of documents by the next date and bring suggested issues.
(ARINDAM MUKHERJEE, J.) sb.