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Institute for Financial Management and Research an Institution registered under the Societies Registration Act, 1860, Rep. by its Registrar, Chennai v/s Nakkheeran Publications Rep by its Editor, Chennai & Others

    O.A.Nos. 900 & 901 of 2017 in C.S.No. 703 of 2017
    Decided On, 26 February 2018
    At, High Court of Judicature at Madras
    By, THE HONOURABLE MR. JUSTICE C.V. KARTHIKEYAN
    For the Applicant: ------ For the Defendants: ------


Judgment Text
O.A.No. 900 of 2017

Original Application praying that this Hon’ble Court be pleased to pass an order of (amended as per order dated 3.9.17 and 11.09.17 in Application Numbers 5410 to 5412 of 2017) ad-interim injunction directing the Respondents/Defendants and/or its men and/or its agents to remove the video posted by the defendants and/or its men and/or its agents in its, website www.nakkheeran.in and a video posted by the defendants in the social media ‘YouTube’ regarding the plaintiff institution pending disposal of the above suit.

O.A.No. 901 of 2017

Original Application praying that this Hon’ble Court be pleased to pass an order of ad-interim (amended as per order dated 3.9.17 and 11.09.17 in Application Numbers 5410 to 5412 of 2017) injunction directing the Respondents/Defendants and/or its men and/or its agents from making any further publication in any manner in this regard against the applicant/plaintiff institution pending disposal of the above suit.

These Original Applications having been heard on 06.02.2018 in the presence of Mr. Sivanandha Raj for M/s. Rohini Ravikumar, Advocates, for the applicant in both original applications, and Mr. P.T. Perumal, Advocate for the respondents 1 to 4 in both original applications and Mr. G. Balasubramanian, Advocate for the defendants 5 and 6 in both original applications and upon reading the order dated 10.01.2018 made in O.A.Nos. 900 to 902 if 2017, and having stood over for consideration till this date and coming on this day before this court for orders in the presence of the said advocates for the parties hereto, and this court having observed that this court will not restrain the publication of a article, event though it is defamatory, when the defendant says that he intends to justify it or to make fair comment on a matter of public interest and this court cannot grant an injunction in respect of libel when it is said by the defendant that the words are true and that he is going to justify them and the crux of the matter is that when in a libel action at the interlocutory stage the defendants raise plea of justification and, as in this case, mentions evidence by which he might substantiate his case, this court cannot grant an interlocutory injunction in favour of the plaintiff to restrain further publication of the alleged libel, and no orders are required against the defendants 5 and 6 since the video complained by the plaintiff has been removed from the social medial You Tube by them.

It is ordered as follows:

That the order of ad interim injunction granted in pursuance of the order dated 15.09.2017 made in O.A.No. 900 to 902 of 2017 in C.S.No. 703 of 2017 directing the respondent/defendants in O.A.Nos. 900 and 901 of 2017, and/or its men and/or its agents (a) to remove the video posted by the defendants and/or its men and/or its agents in its, website www.nakkheeran.in and a video posted by the defendants in the social media ‘YouTube’ regarding the plaintiff institution (b) making any further publication in any manner in this regard against the applicant/plaintiff institution be and are hereby vacated.

2. That the defendants herein shall be at liberty to publish any further articles if deemed necessary a

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nd they must obtain the views of the plaintiff before publishing the article and also publish the views of the plaintiff any future article. 3. That the defendants herein must publish articles using temperate language and be gentle in their presentation of facts; 4. That the O.A.Nos. 900 and 901 of 2017 in C.S.No. 703 of 2017 do stand closed.
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