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Indian Veterinary Association Through ... vs Maneka Gandhi on 20 January, 2022

Author: C. Hari Shankar

Bench: C. Hari Shankar

                          $~4
                          *     IN THE HIGH COURT OF DELHI AT NEW DELHI
                          +     CS(OS) 334/2021 & I.A. 8800/2021, I.A. 8801/2021, I.A.
                                8802/2021, I.A. 14584/2021

                                INDIAN VETERINARY ASSOCIATION THROUGH ITS
                                PRESIDENT DR UMESH CHANDRA SHARMA AND
                                TREASURER DR VIJAY KUMAR                    ..... Plaintiff
                                              Through    Mr. Sunil Mittal, Sr. Adv. with
                                              Ms. Namita Roy, Ms. Seema Seth, Ms. Gopa
                                              Biswas and Mr. Dinesh Dogra, Advs.

                                                   versus

                                MANEKA GANDHI                                     ..... Defendant
                                           Through

                                CORAM:
                                HON'BLE MR. JUSTICE C. HARI SHANKAR
                                          ORDER

                          %               20.01.2022
                                    (Video-Conferencing)

1. Mr. Sunil Mittal, learned Senior Counsel for the plaintiff, has drawn my attention particularly to the document Annexure P-2 annexed to the plaint, which is an article in a newspaper purportedly reflecting the views expressed by the defendant. According to that article, the defendant is supposed to have stated that a majority of veterinarians act as intermediaries for unscrupulous persons.

2. I have queried Mr. Mittal as to whether a suit for defamation, based on such an article, can be maintained by Indian Veterinary Association.

3. For example, if a man on the street were to make a statement that many doctors are over billing patients in private hospitals, can the Delhi Medical Association (DMA) or Indian Medical Association (IMA) file a suit for defamation? An attached issue that would arise for consideration is whether the law would be different depending on the person who is making the statement.

4. Mr. Mittal seeks a short adjournment in order to address submissions on this aspect.

5. He is requested to place a short note of his written submissions not exceeding five pages on record, before the next date of hearing.

6. Re-notify on 12th April, 2022 for preliminary hearing.

C. HARI SHANKAR, J JANUARY 20, 2022 dsn Signature Not Verified Digitally Signed By:SUNIL SINGH NEGI CS(OS) 334/2021 Page 2 of 2 Signing Date:27.01.2022 20:08:46