Published On: Thu, May 11th, 2017

Delhi High Court Comes Down Heavily on Individual for Abusive, Defamatory Posts

The Delhi High court today granted a perpetual injunction to Ashish Bhalla interdicting the defendant from defaming or abusing him.

Mr. Bhalla, who is a well-known architect and reputed development professional, had filed a defamation case seeking an injunction before the Delhi High Court. The case was filed against certain defamatory posts prompted by vested interests on customer forums of the beleaguered AN Buildwell Pvt. Ltd. which has projects in Gurgaon and Manesar.

Mr Bhalla had contended that he himself was locked in litigation with the owners of AN Buildwell since 2014, and was neither a promoter nor a shareholder of the said Company, and had submitted proof of the actions of vested interests that had misguided customers.

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The court came down quite heavily on Mr. Anil Sharda who was directed to be present in person for his abusive and defamatory posts, and enquired as to how it was open to the defendant to defame or abuse a person when there was no finding against him in any court linking him to AN Buildwell Pvt. Ltd. The court categorically stated that the present proceedings were not the forum for agitating on such issues. In any event without any proof or conclusive finding, it was not open to the defendant to defame or abuse the plaintiff. It was pleaded that these posts were pursuant to a premeditated design to target Mr. Bhalla and his business interests. The customers had been misled by a lawyer with a vested personal interest who had advised them to go after Mr Bhalla instead of the actual owners of A N Buildwell Pvt. Ltd.

Mr. Shaunak Kashyap ,who was appearing for Mr. Bhalla, submitted that they were not looking to press damages against the defendant as they were sympathetic towards customer concerns and stood with them in these difficult times. Pursuant to this statement, the court has directed Mr. Sharda not to make any defamatory or abusive statements, and the suit was disposed of with the order in favour of Mr. Bhalla granting him a perpetual injunction.

About the Author

- Paul Linus is an eminent online journalist who has been writing news, features and editorials on different websites from across the world for about a decade.

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