Bombay High Court
Trichur N. Subramanian vs India Literacy Mission, Through Its ... on 30 July, 2025
Author: Abhay Ahuja
Bench: Abhay Ahuja
2025:BHC-OS:12228
908. LPETNL 23242-25 in SL 23210-25.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
LEAVE PETITION (L) NO. 23242 OF 2025
IN
SUIT (L) NO. 23210 OF 2025
Trichur N. Subramanian ...Petitioner
V/s.
India Literacy Mission & Ors. ...Respondents
Mr. Rubin Vakil with Mr. Aditya Mehta, Ms. Shivani Garg, Ms. Poornima
Eapen, Mr. Agneya Gopinath and Mr. Devanshu Anada i/b Cyril
Amarchand Mangaldas for the Petitioner.
Mr. Vishwajeet V. Mohite for the Respondent.
CORAM : ABHAY AHUJA, J.
DATE : 30th JULY, 2025
P.C. :
Digitally
signed by
NIKITA
1. This Petition seeks leave under Clause XII of the Letters Patent. NIKITA YOGESH YOGESH GADGIL GADGIL Date:
2025.07.30 19:59:26 +0530
2. When the matter is called out, Mr. Vakil, learned Counsel appears for the Petitioner and submits that the Suit proposed to be filed is for permanent injunction and damages against defamation of the Petitioner.
3. Mr. Vakil submits that the Petitioner is a designated Senior Advocate having a stellar reputation in the legal profession and in line with his philanthropic inclination, the Petitioner has been associated with and has been a highly respected member of Rotary International Nikita Gadgil 1/4 ::: Uploaded on - 30/07/2025 ::: Downloaded on - 31/07/2025 21:55:46 :::
908. LPETNL 23242-25 in SL 23210-25.doc for over three decades, having served in numerous leadership positions, including as a Director on the Board of Directors of the Rotary International for the term 2023-2025 and is highly respected and regarded within the Rotary community. Mr. Vakil submits that the Respondent No. 1 has caused a letter dated 3 rd June, 2025 to be issued by its Advocate to the President of Rotary International, which is a defamatory notice containing false, baseless and defamatory statements against the Petitioner and the same has been widely circulated on various social media platforms such as whatsapp and other social media with a view to initiate and perpetrate a smear campaign against the Petitioner causing and continuing to cause grave injury to the Petitioner's reputation. Mr. Vakil submits that, therefore, by the Suit proposed to be filed not only for damages in the sum of Rs. 20 crs along with interest as compensation for losses suffered by the Petitioner but also an order of permanent injunction against the Respondent. Mr. Vakil submits that the defamatory notice was published, circulated and disseminated globally including to recipients in Mumbai. That the Respondents No. 16 and 17, who have actively participated in the dissemination of the defamatory notice, reside within the territorial jurisdiction of this Court. The Petitioner also resides in Mumbai and practices law in Mumbai. That the damage to his reputation has also Nikita Gadgil 2/4 ::: Uploaded on - 30/07/2025 ::: Downloaded on - 31/07/2025 21:55:46 :::
908. LPETNL 23242-25 in SL 23210-25.doc been suffered partly in Mumbai. However, the Respondents No. 1 to 15 have their offices / place of business/ residence outside the territorial jurisdiction of this Court. That the Respondent No. 18 could be located anywhere around the world. Mr. Vakil submits that therefore although the material part of cause of action has arisen within the territorial jurisdiction of this Court, however, a part of cause of action would have arisen outside the jurisdiction of this Court and that with leave granted under Clause XII of the Letters Patent, this Court would have jurisdiction to entertain, try and dispose of the Suit proposed to be filed.
4. Mr. Vakil relies upon paragraph 45 of the Plaint in the proposed Suit and paragraphs 14 to 18 of the Petition in support of his contentions. Mr. Vakil submits that this Court may therefore grant leave under Clause XII of the Letters Patent.
5. Having heard the learned Counsel and having perused paragraph 45 of the Plaint in the proposed Suit and paragraphs 14 to 18 of the Petition, this Court is of the view that, for reasons as contained in the said paragraphs and as submitted by the learned Counsel, leave under Clause XII of the Letters Patent be granted.
Nikita Gadgil 3/4 ::: Uploaded on - 30/07/2025 ::: Downloaded on - 31/07/2025 21:55:46 :::
908. LPETNL 23242-25 in SL 23210-25.doc
5. Accordingly, leave under Clause XII of the Letters Patent is granted and the Petition is made absolute in terms of prayer clause (a) which reads thus :
"(a)That leave under Clause XII of the Bombay High Court (Letters Patent) Act 1866 be granted to the Petitioner to file the captioned Suit against the Respondents in this Hon'ble Court. "
6. The Petition, accordingly, stands allowed and disposed as above.
(ABHAY AHUJA, J.) Nikita Gadgil 4/4 ::: Uploaded on - 30/07/2025 ::: Downloaded on - 31/07/2025 21:55:46 :::