Onmobile Global Limited vs Arnaud Descamps on 18 November, 2021

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Karnataka High Court

Onmobile Global Limited vs Arnaud Descamps on 18 November, 2021

Bench: B. M. Shyam Prasad

   IN THE HIGH COURT OF KARNATAKA AT BENGALURU

        DATED THIS THE 18TH DAY OF NOVEMBER 2021

                         BEFORE

        THE HON'BLE MR. JUSTICE B. M. SHYAM PRASAD

          WRIT PETITION NO. 11664/2020 (GM/CPC)

BETWEEN :

ONMOBILE GLOBAL LIMITED
HAVING ITS REGISTERED OFFICE AT
'E' CITY TOWER, NO.1 NOS.94/1C AND 94/2
VEERASANDRA VILLAGE
ATTIBELE HOBLI, ANEKAL TALUK
ELECTRONIC CITY PHASE-I
BENGALURU - 560 100
DULY REPRESENTED BY ITS
GENERAL COUNSEL MS.N.S. INDIRA.
                                     ... PETITIONER
(BY SRI. VIKHAR AHMED B., ADVOCATE)

AND :

ARNAUD DESCAMPS
S/O MR DESCAMPAS
AGED ABOUT 49 YEARS,
RESIDING AT NO.71
RUE EDOUARD VAILLANT 92300
LEVALLOIS PEERET, FRANCE.
                                   ... RESPONDENT

(COPY SERVED VIDE ORDER DATED 03.09.2021)

     THIS WRIT PETITION IS FILED UNDER ARTICLE 227
OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT
THE LVIII ADDITIONAL CITY CIVIL AND SESSIONS JUDGE
BENGALURU (CCH-59) IN O.S.NO.2751/2020 TO HEAR
                              2



AND DISPOSE OF IA NO.1/20 NOT LATER THAN 15TH
NOVEMBER 2020 .


     THIS  WRIT   PETITION   COMING    ON   FOR
PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, THE
COURT MADE THE FOLLOWING:


                        ORDER

The learned counsel for the petitioner, Sri Vikhar Ahmed B, is heard on continuation of the interim order, and the proceedings of this Court from 23.06.2020 as also the prayer in the petition.

This Court has granted interim order which restrains the respondent from making any defamatory statement against the petitioner and its management in any social media and public forum. This interim order has been continued from time to time but with certain breaks. The learned counsel for the petitioner submits that such break is because he appeared online and there were technical glitches.

As regards the merits of the petition, the learned counsel for the petitioner submits that the petitioner's prayer is for expeditious disposal of his application in IA.1/2020, which is pending consideration. The learned counsel for the petitioner further submits that the defendant-respondent is a resident of France, but is represented before the trial Court by a learned counsel and copies of the petition have been served on the learned counsel for the respondent on 23.9.2021. Despite such service, none appears for this respondent.

This Court in these circumstances, and in view of the fact that the petitioner's application is still pending before the civil Court, must dispose of the writ petition without entering on merits given the limited nature of the prayer but continuing the interim order in favour of the petitioner, who has had the benefit of the interim order over the last one year, with the observation that 4 the civil Court shall consider the merits of the petitioner's application on its own merits.

As such, the petition stands disposed of continuing the interim order until the disposal of the petitioner's application in IA.1/2020. The civil Court shall dispose of the application within three months from the date of receipt of a certified copy of this order.

SD/-

JUDGE nv

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Karnataka High Court