Nxtquantum Shift Technologies India ... vs John Doe & Ors on 28 April, 2026
52. Since the entire cause of action in a disparagement suit is based on
making false statements to cause damage to the plaintiff's goods, the
element of malice is inherently a part of it. However, a statement made
believing it to be genuinely true would negate the claim of malice. This has
been explained by a Division Bench of this Court in Reckitt Benckiser v.
Gillette India, the relevant extracts from which are set out below: