1 vks IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO. 3761 OF 2007 IN SUIT NO. 2783 OF 2007 Colgate Palmolive (India) Ltd ....Plaintiff V/s. Krishna Nagpal ....Defendant Mr.Harinder Toor a/w Ms. Preety Singh i/b Chitnis & Co. for the Plaintiff. None for the Defendant. CORAM : S.J. VAZIFDAR, J. DATE : 16TH NOVEMBER, 2009. P.C. :- 1. The suit is filed for a permanent injunction restraining the Defendants from republishing the defamatory statements contained in the article published by the Defendants at Exhibits E and F to the plaint. 2. The article inter alia referred to the Plaintiff’s product as “marketing death inducing drugs”. The article further alleged that the product with the aid of advertisements has delivered slow death from home to home and contains poisonous substances. While the article refers to such products generally it has repeated references to the Plaintiff in particular while the entire article may not be objectionable, the said references 2 certainly are defamatory. 3. There was no response to the Plaintiff’s advocates notice calling upon the Defendant to cease and desist from republishing such articles. There is no affidavit in reply. The Defendants are absent. They had remained absent when the ad interim application was made and the ad interim order was passed. 4. In the circumstances, there is no denial to the averments in the plaint. The statements made in respect of the Plaintiff in particular are per se defamatory. 5. The Notice of Motion is, therefore, made absolute in terms of prayer (a)