Delhi District Court M/S Jmd Ltd vs Yatish Kumar Goel on 7 June, 2024 IN THE COURT OF SH. SACHIN MITTAL DISTRICT JUDGE03, DISTRICT: SOUTHEAST, SAKET COURTS, NEW DELHI CS DJ No. 11952/16 In the matter of : M/s JMD Ltd. (Through its Authorised Signatory) Regd. Office: 6, UGF, Devika Tower, Nehru Place, New Delhi 110019 ... PLAINTIFF VERSUS 1. Yatish Kumar Goel 2. Darshan Goel (Both residents of B254I, Florence Marvel, Sushant LokIII, Sector57, Gurugram, Haryana 122002) ... DEFENDANTS SUIT FOR COMPENSATION FOR DEFAMATION, MANDATORY INJUNCTIONS AND PERMANENT INJUNCTION Date of Institution : 21.12.2016 Date on which arguments concluded : 18.04.2024 Date of Judgment : 07.06.2024 Result : Dismissed JUDGMENT 1. Vide this Judgment, I shall decide the suit filed on behalf of the plaintiff seeking therein several reliefs of injunction and the CS DJ No. 11952/16 M/s JMD Ltd. v. Yatish Kumar Goel & Anr. Page 1 of 21 relief of recovery of damages of Rs. 1,99,00,000/ on account of defamation caused by the defendants. 2. The case of the plaintiff is based upon following main pleadings: (a) the plaintiff, a company incorporated under the provisions of the Companies Act, 1956, is filing the suit through its GM (Sales & Marketing), Mr. P. K. Saxena, who has been authorised vide Board Resolution dated 02.11.2016, to sign, verify and institute this suit; (b) the plaintiff company is a reputed real estate group, which has completed and delivered various residential and commercial complexes and it enjoys tremendous goodwill and reputation; (c) the plaintiff has been awarded with various awards for its achievements and high quality services; (d) the defendant no. 1 is the son of the defendant no. 2; (d) the defendant no. 2 had purchased a unit bearing no. 1214 in the complex, JMD Megapolis, Gurugram, developed by the plaintiff, which unit was originally allotted to Mrs. C.P. Bedi and Mr. A.S. Bedi; (f) the defendants made baseless, malicious and defamatory statements against the plaintiff: (i) in the press conference held on 04.11.2016, (ii) in national news channels, Khabar Fast, ETV Haryana, News World India, and (iii) in the national print media/ news papers, epapers, Am ar Ujala, Human India, Punjab Kesari, Dainik Bhaskar & Dainik Jagran; (g) the defendants have also filed various false, frivolous and baseless complaints against the plaintiff before the police, other investigating agencies and authorities; (h) the said complaints are going to affect the future business prospects and interest of the plaintiff; (i) the baseless allegations made by the defendants against the plaintiff have injured the reputation and goodwill of the plaintiff and has also lowered the image of the plaintiff in the eyes of the general public; (j) the plaintiff got a legal notice dated 05.11.2016 through its Counsel CS DJ No. 11952/16 M/s JMD Ltd. v. Yatish Kumar Goel & Anr. Page 2 of 21 issued to the defendants therein calling upon the them to withdraw the allegations, tender a public apology and refrain from making false allegations against the plaintiff in future; and (k) the said legal notice sent through registered post and courier was duly served upon the defendants, but they neither met with the demands of the plaintiff, nor did they reply the said notice. It is on the basis of aforesaid facts as pleaded in the plaint that the Plaintiff has sought following reliefs: "a) Pass a decree of mandatory injunction thereby directing the defendants to withdraw all the above said allegations made against the Plaintiff and destroy all such alleged defamatory material as mentioned in detail in the plaint; b) Pass a decree of mandatory injunction thereby directing the defendants to tender an unconditional public apology to the Plaintiff for the malicious, fallacious and scandalous publications as mentioned in detail in the plaint; c) Pass a decree of permanent injunction restraining the defendants and their servants/ agents etc. from making any such false and baseless defamatory allegations against the Plaintiff in future as mentioned in detail in the plaint; d) Pass a decree of compensation awarding d