Is Defamation Suit Maintainable Against Alleged Libelous Pleadings Filed In Court If Circulated In Public Domain? Delhi HC To Examine

The Delhi High Court is set to examine whether defamation proceedings can lie against libelous statements made in the pleadings before a Court, if such pleadings are circulated in public domain.

The Division Bench of Acting Chief Justice Vipin Sanghi and Justice Navin Chawla today issued notice on an intra-court appeal raising this question.

The Appellant had challenged the summoning order issued against it on February 15, 2022 in a defamation suit (CS(OS) 649/2021) filed against it by the Respondent (herein), seeking damages for alleged libelous statements made by the Appellant against the Respondent in a suit, challenging the validity of a Will executed by their father (in CS(OS) 287/2021).

The Appellant and the Respondent are brothers, both holding stake in a medical company established by their father. It was the case of the Respondent that the Appellant had made defamatory statements against him in the main suit and those pleadings were supplied to the company and its shareholders.

Whereas the Respondent opposed issuance of notice on the grounds that appeal against an order merely issuing summons is not maintainable, the Appellant argued that the Respondent had filed the defamation proceedings merely to pressurise it against pursuing the main suit.

At the outset, the Bench stated that if the Respondent was aggrieved by any content in the pleadings, it could have filed an application before the Court seeking to restrain the Appellant (Petitioner therein). It therefore inquired from the Respondent why its conduct of filing a defamation suit and protracting judicial proceedings should not be construed as contempt of court.

To this, it responded that the remedy to restrain the Appellant would be inadequate in light of the fact that the allegedly libelous pleadings were already circulated among the shareholders of the company. It submitted that the defamation suit was filed seeking damages, which could not be awarded in the main suit. He however conceded that both the suits could eventually be clubbed together.

Hearing this, the Bench said that it will examine the questions arising in this case. Accordingly, notice was issued, returnable on September 13.

Meanwhile, the parties have been directed to file the relevant documents and filings. Further, the appellant has been directed not to circulate any material which tends to mar the image and reputation of the Respondent.

The Court further ordered, "Subject to compliance of the conditions, proceedings in suit shall remain stayed after completion of proceedings."

Case Title: DR MANISH BANSAL vs. DR SANJIV BANSAL