Delhi High Court - Orders
D.K. Goel vs Kyan Pardiwalla on 14 January, 2019
Author: Jayant Nath
Bench: Jayant Nath
$~OS-26
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CS(OS) 399/2017
D.K. GOEL ..... Plaintiff
Through Mr.Mukesh M. Goel, Adv.
versus
KYAN PARDIWALLA ..... Defendant
Through Ms.Nina Nariman and Mr.Sushant
Singh, Advs.
CORAM:
HON'BLE MR. JUSTICE JAYANT NATH
ORDER
% 14.01.2019
CS(OS) 399/2017
The following issues are framed:-
1. Whether the plaintiff's reputation has been damaged in the eyes of the public on account of the emails circulated by the defendant? OPP
2. Whether the emails exchanged between the plaintiff and defendant are in the nature of personal correspondences initiated by the provocation by the plaintiff himself? OPD
3. Whether the plaintiff is himself responsible for adding third parties in the correspondences exchanged between the plaintiff and defendant that resulted in addition of parties in the personal correspondences? OPD
4. Whether the e-mail dated 22.02.2017 is in the nature of mere discussion of publicly available information? OPD
5. If the answer to issue No. 1 is in the affirmative, whether the plaintiff has suffered damages, if any? If so, how much? OPP
6. Relief.
The parties will file their list of witnesses within four weeks from today. The plaintiff to file evidence by way of affidavit within four weeks thereafter.
List before the Joint Registrar on 26.03.2019 for fixing dates for cross-examination of the plaintiff's witnesses. IA No. 9910/2017 (u/O 39 R 1 & 2 CPC) Learned counsel for the defendant submits that they are not sending any e-mails to the plaintiff or to any other third party.
Taking this statement on record and binding the defendant to the same, this application is disposed of.
JAYANT NATH, J JANUARY 14, 2019 rb