Karnataka High Court
M/S Vihaan Direct Selling vs M/S T V 18 Broadcast Limited on 9 November, 2020
Author: Krishna S.Dixit
Bench: Krishna S.Dixit
1
IN THE HIGH COURT OF KARNATAKA, BENGALURU
DATED THIS THE 09TH DAY OF NOVEMBER, 2020
BEFORE
THE HON'BLE MR. JUSTICE KRISHNA S.DIXIT
WRIT PETITION NO.12475 OF 2020 (GM-CPC)
BETWEEN:
M/S VIHAAN DIRECT SELLING
(INDIA) PRIVATE LIMITED
A COMAPANY INCORPORATED
UNDER THE COMPANIES ACT, 1956,
HAVINGS ITS REGISTERED OFFICE AT
UNIT NO. 2201 A, 22ND FLOOR,
WTC BANGALURU BRIGADE GATEWAY,
RAJAJINAGAR EXTENSION
MALLESWARAM
REPRESENTED BY ITS AUTHORIZED SIGNATORY
MR. MANJUNATH. N
AGED ABOUT 39 YEARS. ...PETITIONER
(BY SRI. MANU KULKARNI, ADVOCATE FOR SRI.
SANJANTHI SAJAN POOVAYYA, ADVOCATE )
AND:
1. M/S T V 18 BROADCAST LIMITED,
IBN-7 GLOBAL BROADCAST NEWS,
EXPRESS TRADE TOWER,
PLOT NO. 15-16, SECTOR-16A,
NOIDA, UTTAR PRADESH-210 301,
REPRESENTED BY ITS
CEO/CHIEF EDITOR
2. M/S T V TODAY NETWORK
HEADINES TODAY
201, RICHMOND TOWER,
2ND FLOOR, 12, RICHMOND ROAD,
BENGALURU-560 025
3. M/S TODAY NETWORK LIMITED
AAJ TAK HEADLINES TODAY, 8TH FLOOR,
2
VIDEOCON TOWER, E-1,
JHANDEWALAN EXTENSION,
NEW DELHI-110 055.
REPRESENTED BY ITS CEO/CHIEF EDITOR
4. M/S JAGARAN TV PRIVATE LTD.,
CNN-IBN, FC-7, CHANNEL 17 STUDIO,
SECTOR-16A, FILM CITY, NOIDA-201 301,
REPRESENTED BY ITS CEO/ CHIEF EDITOR
5. M/S INDEPENDENT NEWS
SERVICE PRIVATE LIMITED
INDIA TV, POONAM CHAMBERS,
A-WING, 401 C, 4TH FLOOR,
ANNIE BESANT ROAD, WORLI,
MUMBAI-400 018,
REPRESENTED BY ITS CEO/ CHIEF EDITOR
6. M/S ITV NETWORK
NEWS X. B/4. SECTOR 3,
NOIDA, UTTAR PRADESH-201 301.
REPRESENTED BY ITS CEO/ CHIEF EDITOR
7. M/S NEW DELHI TELEVISION LIMITED
NDTV INDIA, 24X7 HINDI NEWS CHANNE4L,
207, OKHLA INDUSTRIAL ESTATE,
PHASE 3, NEW DELHI-110 020, INDIA,
REPRESENTED BY ITS CEO/ CHIEF EDITOR
8. M/S ZEE MEDIA CORPORATION LIMITED
A PUBLIC LIMITED COMPANY REGISTERED
UNDER THE PROVISIONS OF THE
COMPANIES ACT, 1956
WITH ITS REGISTERED OFFICE AT
CONTINENTAL BUILDING 135,
DR ANNIE BESANT ROAD,
WORLI, MUMBAI-400 015
4TH FLOOR, B WING, MADHU INDUSTRIAL
ESTATE, PANDURANG BUDHAKAR MARG
MUMBAI-400 013
REPRESENTED BY ITS MANAGING DIRECTOR
9. M/S NETWORK 18 MEDIA AND
INVESTMENTS LIMITED
ETV NETWORK, 2ND FLOOR,
SAMBHAV HOUSE,
3
PREMCHAND NAGAR ROAD.
BODAKDEV, SATELITE. AHMEDABAD -380 015
REPRESENTED BY ITS CEO/ CHIEF EDITOR
10 . ANANDA BAZAR PATRIKA (ABP) GROUP
ABP NEWS PREVIOUSLY KNOWN
AS STAR NEWS, 301, BOSTON ROAD,
III FLOOR, SUREN ROAD,
ANDHERI-EAST, MUMBAI-400 093,
MAHARASHTRA,
REPRESENTED BY ITS CEO/ CHIEF EDITOR
11 . M/S SAHARA PRIME CITY LIMITED
SAHARA INDIA PARIWAR, SAHARA SAMAY
CHANNEL. SAHARA INDIA COMPLEX,
C-2, 3, 4, SECTOR-112,
NOIDA-201 301, UTTAR PRADESH,1
REPRESENTED BY ITS CEO/ CHIEF EDITOR
12 . THE RESIDENT EDITOR
"THE TIMES OF INDIA" (MUMBAI)
M/S BENNETT. COLEMAN & CO. LTD
WITH ITS REGIONAL OFFICE AT
TIMES OF INDIA BUILDING
DR. DADABHOY NAOROJI ROAD,
FOR, MUMUBAI-400 001.
13 . M/S THE PRINTERS (MYSORE)
PRIVATE LIMITED
DECCAN HERALD, 75, M.G. ROAD,
POST BOX NO. 5331,
BANGALURU-560 001.
REPRESENTED BY ITS CEO/ CHIEF EDITOR
14 . M/S DILIGENT MEDIA CORPORATION LTD
DNA, DILIGENT MEDIA CORPORATION,
DNA WING, FIRST FLOOR, OASIS BUILDING,
KAMALA MILLS COMPOUND, UPPER WORLI,
LOWER PAREL, MUMBAI
MAHARASHTRA-400 013.
REPRESENTED BY ITS CEO/ CHIEF EDITOR
15 . M/S THE INDIAN EXPRESS LTD
NO.2, MANANDI PLAZA, SAINT MARKS ROAD,
4
BENGALURU
KARNATAKA-560 001,
REPRESENTED BY ITS CEO/ CHIEF EDITOR
16 . M/S HT MEDIA LIMITED
HINDUSTAN TIMES HOUSE, 18-20,
KASTURBA GANDHI MARG,
NEW DELHI-110 001, INDIA,
REPRESENTED BY ITS CEO/ CHIEF EDITOR
17 . M/S BENNETT, COLEMAN & COMPANY LIMITED
MAGICBRICJS NOW TRADE HOUSE,
1ST FLOOR, KAMALA MILLS COMPOUND,
SENAPATI BAPAT MARG, LOWER PAREL
MUMBAI-400 013
REPRESENTED BY ITS CEO/ CHIEF EDITOR
18 . BLOOMBERG L. P.
BLOOMBERG TV INDIA (FORMERLY
BLOOMBERG UTV AND UTVI) 16TH FLOOR,
TOWER IIB. ONE INDIA BULLS CENTRE,
LOWER PAREL, MUMBAI-400 013,
REPRESENTED BY ITS CEO/ CHIEF EDITOR
19 . DOORDARSHAN KENDRA DELHI
(DOORDARSHAN NEWS)
DOORDARSHAN, DOORDARSHAN
BHAWAN, COPERNICUS MARG
NEW DELHI-110 001
REPRESENTED BY ITS CEO/ CHIEF EDITOR
20 . M/S CSL INFOMEDIA PVT LTD.,
JAN TV NEWS CHANNEL IT 14/15,
EPIP. SITAPURA, JAIPUR, RAJASTHAN-302 022.
REPRESENTED BY ITS CEO/ CHIEF EDITOR.
21 . M/S NEWS NATION NETWORK PVT LTD.,
NEWS NATION. PLOT NO. 14, SECTOR 126,
NOIDA-201 301, UP. INDIA
REPRESENTED BY ITS CEO/ CHIEF EDITOR
22 . INFORMATION TV (ITV) MEDIA GROUP
INDIA NEWS, 276, MEDIA HOUSE, CAPT.
GAUR MARG, SRINIVASPURI,
NR. OKHLA BUS DEPOT,
5
NEW DELHI-110 065.
REPRESENTED BY ITS CEO/ CHIEF EDITOR
23 . M/S B.A.G. FILMS AND MEDIA LIMITED
NEWS 24, B.A.G FILMS AND
MEDIAL LIMITED, 352, AGARWAL PLAZA,
PLOT NO.8, KONDLI,
NEW DELHI-110 096.
REPRESENTED BY ITS CEO/ CHIEF EDITOR
24 . BROADCAST INITIATIVES LTD.,
LIVE INDIA 1, MANDIR MARG,
PREMNATH MOTORS COMPLEX,
NEW DELHI-110 001.
REPRESENTED BY ITS CEO/ CHIEF EDITOR
25 . ASIAN NEWS INTERNATIONAL
ANI PRESS, ANI BUILDING, PLOT NO. 15,
SECTOR-9, R.K PURAM,
NEW DELHI-110 022.
REPRESENTED BY ITS CEO/ CHIEF EDITOR
...RESPONDENTS
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL
FOR THE RECORDS OF O.S.NO.3315/2016 PENDING BEFORE
THE LXVI ADDITIONAL CITY CIVIL AND SESSIONS
JUDGE(CCH-67). (II) SET ASIDE THE ORDER DATED
19.03.2020 PASSED BY THE LXVI ADDITIONAL CITY CIVIL
AND SESSIONS JUDGE (CHH-67) ALLOWING
INTERLOCUTORY APPLICATIONS IN IA NO.13 AND 14 FILED
BY R-1 UDER SECTION 151 OF THE CPC AND ORDER VIII
RULE 1 READ WITH SECTION 151 OF THE CPC
RESPECTIVELY VIDE ANNEXURE-A AND ETC.
THIS PETITION COMING ON FOR PRELIMINARY
HEARING THIS DAY THROUGH VIDEO CONFERENCE, THE
COURT MADE THE FOLLOWING:-
ORDER
The grievance of the petitioner who happens to be the plaintiff in a suit for permanent injunction in 6 O.S.No.3315/2016 is against the order dated 19.03.2020, a copy whereof is at Annexure-A made by the learned LXVI Additional City Civil Judge, Bengaluru.
2. Having heard the learned counsel for the petitioner and having perused the petition papers, this Court declines to grant indulgence in the matter in as much as the framing, non-framing, recasting or deletion of issues are ordinarily not deeply examined by the Courts in the writ jurisdiction when the litigants have a deferred remedy against the same in the sense that they can make such orders as one of the grounds for challenging the judgment & decree if and when made adverse to their interest, as provided under Section 105 read with Order 43 Rule 1A of CPC, 1908.
The writ petition is disposed off with such liberty, all contentions of the parties having been kept open.
Sd/-
JUDGE Bsv