Aster Mims Hospital Vs Nava Kerala News

ASTER MIMS HOSPITAL A UNIT OF MALABAR INSTITUTE OF MEDICAL SCIENCES LIMITED CHALA EAST, CHEMBILODE VILLAGE KANNUR-670621, KERALA HAVING ITS CORPORATE OFFICE AT CORPORATE HQ (INDIA) NO.1785 19TH MAIN ROAD, SECTOR-1 HSR LAYOUT, AGARA EXTENSION BENGALURU-560102 REP. BY TEJASVI K.V. AUTHORISED REPRESENTATIVE.

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…PETITIONER

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(BY SRI. SUNIL S, ADV.,)

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AND:

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NAVA KERALA NEWS MALABAR MEDIA PUBLICATIONS PRIVATE LIMITED BUILDING NO.38/544, 38/544A VATTERKKUNAM MASJID ROAD EDAPALLY-682024 KOCHI, INDIA REP. BY ITS MANAGING DIRECTOR.

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2 -

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NC: 2025:KHC:23680 W.P. No.50131/2019 C/W W.P. No.50132/2019

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HC-KAR

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FACEBOOK INDIA ONLINE SERVICES PRIVATE LIMTIED UNIT NOS.1203 AND 1204, LEVEL 12 BUILDING NO.20, RAHEJA MINDSPACE CYBERABAD, MADHAPUR HITECH CITY, HYDERABAD HYDERABAD, T.G.-500081 REP. BY ITS MANAGING DIRECTOR.

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…RESPONDENTS

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(BY SRI. PATEEL G.S. ADV., FOR R1 [ABSENT] SRI. VARUN PATHAK, ADV., FOR R2)

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THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA, PRAYING TO SET ASIDE THE IMPUGNED ORDER DATED 18.10.2019 (ANNX-A) PASSED BY HON'BLE XIX ADDL. CITY CIVIL AND SESSIONS JUDGE (CCH-18) IN O.S.NO.7460/2019 WHEREIN THE TRIAL COURT HAS ISSUED SUIT SUMMONS AND EMERGENT NOTICE TO THE RESPONDENTS ON INTERLOCUTORY APPLICATION NO.1 FILED U/O 39 RULE 1 AND 2 OF CPC, 1908, SEEKING EX-PARTE TEMPORARY INJUNCTION. ALLOW THE INTERLOCUTORY APPLICATION NO.1 (ANNX-C) FILED U/O XXXIX RULE 1 AND 2 SEEKING EX-PARTE AD INTERIM TEMPORARY INJUNCTION AS PRAYED THEREIN, WHICH IS FILED IN O.S.NO.7460/2019 PENDING ON THE FILES OF XIX ADDL. CITY CIVIL AND SESSIONS JUDGE (CCH-18) BENGLAURU & ETC.

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IN W.P. NO.50132/2019:

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BETWEEN:

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ASTER MIMS HOSPITAL A UNIT OF MALABAR INSTITUTE OF MEDICAL SCIENCES LIMITED CHALA EAST, CHEMBILODE VILLAGE KANNUR 670621, KERALA HAVING ITS CORPORATE OFFICE AT CORPORATE HQ (INDIA) 1785, 19TH MAIN ROAD SECTOR-1, HSR LAYOUT AGARA EXTENSION BENGALURU-560102 REP. BY TEJASVI K.V. ASSISTANT MANAGER-LEGAL. (BY SRI. SUNIL S, ADV.,)

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...PETITIONER

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HC-KAR

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AND:

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NAVA KERALA NEWS MALABAR MEDIA AND PUBLICATIONS PRIVATE LIMITED BUILDING NO.38/544, 38/544A VATTEKKUNAM MASJID ROAD EDAPALLY-682024 KOCHI, INDIA REP. BY ITS MANAGING DIRECTOR.

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FACEBOOK INDIA ONLINE SERVICES PRIVATE LIMITED UNIT NOS.1203 AND 1204 LEVEL 12, BUILDING NO.20 RAHEJA MINDSPACE CYBERABAD, MADHAPUR HITECH CITY, HYDERABAD HYDERABAD. T.G. 500081 REP. BY ITS MANAGING DIRECTOR.

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...RESPONDENTS

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(BY SRI. PATEEL G.S. ADV., BY GSP LAW LINC FOR R1 [ABSENT] SRI. VARUN PATHAK, ADV., FOR R2)

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THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA, PRAYING TO SET ASIDE THE IMPUGNED ORDER DATED 18.10.2019 (ANNX-A) PASSED BY HON'BLE XIX ADDL. CITY CIVIL AND SESSIONS JUDGE (CCH-18) IN O.S.NO.7460/2019 WHEREIN THE TRIAL COURT HAS ISSUED SUIT SUMMONS AND EMERGENT NOTICE TO THE RESPONDENTS ON INTERLOCUTORY APPLICATION NO.1 FILED U/O 39 RULE 1 AND 2 OF CPC, 1908, SEEKING EX-PARTE TEMPORARY INJUNCTION. ALLOW THE INTERLOCUTORY APPLICATION NO.2 (ANNX-C) FILED U/O XXXIX RULE 1 AND 2 SEEKING EX-PARTE AD INTERIM TEMPORARY INJUNCTION AS PRAYED THEREIN, WHICH IS FILED IN O.S.NO.7460/2019 PENDING ON THE FILES OF XIX ADDL. CITY CIVIL AND SESSIONS JUDGE (CCH-18) BENGLAURU & ETC.

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HC-KAR

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THESE PETITIONS, COMING ON FOR HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

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CORAM: HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL

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ORAL ORDER

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These petitions have been filed challenging the order dated 18.10.2019 passed in O.S.No.7460/2019 by the XIX Additional City Civil Judge, Bengaluru (for short, ' the trial Court ').

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Sri.Sunil S., learned counsel for the petitioner submits that these petitions are filed being aggrieved by the non consideration of the ex-parte temporary injunction sought in the suit filed by the petitioner. This Court vide order dated 25.10.2019 issued emergent notice to the respondents and granted interim order as prayed for till the next date of hearing. It is submitted that the said order is in force and the writ petitions may be disposed of by continuing the said interim order till the disposal of the suit or till the consideration of the pending application by the trial Court.

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Per contra, Sri.Varun Pathak, learned counsel for

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respondent No.2 submits that the respondent No.2 has filed an

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HC-KAR

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application in I.A.No.1/2022 before this Court seeking deletion of its name from the array of parties on the ground that the Facebook India Online Services Private Limited is a distinct entity from the Meta platform, which may be a necessary party. It is submitted that respondent No.2 also intends to file a similar application in the pending suit before the trial Court. It is also submitted that respondent No.2 has filed an application in I.A.No.2/2022 seeking for vacating the exparte interim order granted in these proceedings. Hence, he seeks to pass appropriate orders.

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I have heard the arguments of the learned counsel

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for the petitioner, learned counsel for the respondent No.2 and perused the material available on record.

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Petitioner has filed a suit in O.S.No.7460/2019 before the trial Court seeking the relief of permanent injunction against the respondent No.1-defendant No.1 from publishing, displaying, distributing or in any manner permitting circulation of any write-up/article/screenshot or videos or visual content or video snippet or any content or similar content disparaging or

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HC-KAR

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defaming the petitioner-plaintiff by any manner whatsoever

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either through internet or television or any other medium.

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The trial Court entertained the said suit and issued

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notice to the respondents on the suit as well as on I.A.Nos.1 & 2. Being aggrieved, the petitioner has filed these petitions for non-consideration of exparte temporary injunction. The records indicate that this Court on 25.10.2019 issued emergent notice to the respondents and granted interim order as prayed for till the next date of hearing and the said order is in force. Hence, in my considered view, the interest of justice would be met if the interim order is continued till the trial Court considers the application filed by the petitioner-plaintiff under Order XXXIX Rules 1 & 2 of Civil Procedure Code, 1908, after hearing all the parties to the proceedings.

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The contention of respondent No.2 is that the respondent No.2 is neither a necessary nor proper party to the proceedings and filing of an application under Order I Rule 10(2) read with Section 151 of CPC seeking deletion from the array of parties in these petitions cannot be gone into in the present proceedings as the respondent No.2 is required to file

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HC-KAR

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the similar application, if it intends to, in the pending suit. Granting the said liberty, these writ petitions are disposed of by continuing the interim order granted on 25.10.2019 till consideration of I.A.Nos.1 & 2 filed under Order XXXIX Rules 1 & 2 of CPC filed by the petitioner-plaintiff before the trial Court.

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In view of the disposal of the petitions, pending applications are disposed of.

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All the contentions urged by the parties are kept open.

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Sd/(VIJAYKUMAR A. PATIL) JUDGE

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BSR List No.: 1 Sl No.: 22

Aster Mims Hospital v. Nava Kerala News

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Aster Mims Hospital v. Nava Kerala News

Case brief

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