TaxTMI 
TaxTMI 
2022 (3) TMI 1582
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.... for amendment of the written statement filed by the defendant No. 1., moved alongwith the plaint, which seeks the following reliefs: "1. Granting an ex-parte, ad-interim injunction in favor of the Plaintiff and against the Defendants by directing the Defendant No. 1 to immediately archive temporarily from his twitter account all the Tweets/posts made against the Plaintiff on 13.03.2021, 14.03.2021, 15.03.2021, 15.06.2021, 16.06.2021, 17.06.2021, 17.06.2021, 17.06.2021, 18.06.2021, 20.06.2021, 26.06.2021, 27.06.2021, 30.06.2021, 01.07.2021, 04.07.2021, 05.07.2021, 10.07.2021, 11.07.2021, 27.07.2021, 19.08.2021 and 20.08.2021. The details of the said tweets with URLs have been mentioned in Schedule-I with the present plaint. 2. Granting an ex-parte, ad-interim injunction in favour of the Plaintiff and against the Defendants by directing the Defendant No. 1 to immediately archive temporarily from his Facebook Account all the defamatory posts made against the Plaintiff, the details of which along with URLs have been mentioned m Schedule-II with the present Plaint. 3. Grant an ex-parte injunction restraining the Defendant No. 1 from posting/tweeting any defam....
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....rieved of the various tweets that the defendant No. 1 is alleged to have made, which according to the plaintiff, were highly defamatory of him. 4. The whole issue has arisen on account of the placing of an order with M/s. Tata Motors Ltd. and M/s. JBM Auto Ltd. for supply of low floor buses and the award of the Annual Maintenance Contract to M/s. JBM Auto Ltd. The grievance of the plaintiff is that the defendant No. 1 has openly accused him of corruption in the deal which had impacted the reputation of the plaintiff. 5. Mr. Manish Vashisht, learned senior counsel for the plaintiff, has submitted that the plaintiff, who is a lawyer by profession with impeccable professional reputation, in order to serve the public joined the Aam Aadmi Party ('AAP') and won from the Najafgarh constituency. He was thereafter made a Minister and has been discharging his public duties with great sincerity and honesty. Yet, it did not take much for the defendant No. 1 to tarnish the fair name of the plaintiff without any available material. The learned senior counsel has further submitted that the plaintiff was a law-abiding citizen, with not even a traffic violation, leave alone a criminal....
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....ntenance. The pre-bid conference was held on 26th August, 2020. The period of contract for the said 1000 buses were upto 7,50,000 KMs over a tentative period of 12 years. The techno-commercial bid was opened on 1st October, 2020 and the tender for the supply of buses as well as for their life-time maintenance was awarded on 29th January, 2021/1st February, 2021. LoA (Letter of Acceptance) dated 29th January, 2021/1st February, 2021 for CAMC upto 7,50,000 KMs over a tentative period of 12 years for 700 fully built AC CNG Buses, was issued in favour of M/s. JBM Auto Ltd. as its referred proposal was lowest (L-1) out of the qualified proposals. The LoA for the remaining 300 fully built AC CNG buses was issued in favour of Tata Motors Limited. The total cost of the tender for acquiring the said 1000 buses was Rs. 875 crores and for the CAMC, it was Rs. 3412 crores for the entire period of 12 years/7,50,000 KMs. According to the learned senior counsel, the entire transaction was above board and transparent. It was also pointed out that despite the pressing need for buses, the Govt. had not blindly accepted the rates but had duly negotiated keeping the 2019 rates as benchmark. The weight....
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....ior counsel has submitted that the independent Committee had submitted its report to the Lt. Governor observing that they had not come across any material to impute criminal misconduct or corruption attributable to any public official, much less the plaintiff. This report was widely circulated. However, despite this, the defendant No. 1 made the following defamatory tweets on 10th July, 2021 and 11th July, 2021, which are reproduced herein-below: 17. Thus, the learned counsel submitted that when there was nothing on which any act of financial irregularities or corruption were established or a whisper of scam existed and everything was available in the public domain, the unverified tweets afore-mentioned made by the defendant No. 1 were per se defamatory. It was intended only to bring down the standing of the plaintiff and to compromise his credibility before his constituency members. Even his neighbors were affected by accusations that the plaintiff was a scamster, and his family members and relatives have been traumatized by this vilification. The tweets were suggestive of the plaintiff having prevailed upon the bureaucrats, including the Transport Secretary, to get the deal th....
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....amily members; (ii) A public person cannot be too sensitive and the threshold level for defamation is set higher for them; (iii) That the plaintiff would not be entitled to any relief, if he has suppressed facts and documents; (iv) Injunctive relief is premised on urgency and none was disclosed in the present matter, as the first tweets were of March, 2021, but the suit was filed and relief sought only in August, 2021; (v) The plaintiff had quantified his claim for damages, therefore, no interim injunction can be granted; (vi) There was inherent contradiction in the pleadings and the prayer clause, as what has been stated in the plaint, has not been prayed for as a relief and something not pleaded, has been included in the prayer and therefore, no relief can be granted to the plaintiff and, (vii) Injunction cannot be sought for tweeting in future, as it was violative of Article 19 of the Constitution of India and such a relief can neither be sought nor granted. 22. Taking these points, the learned counsel for the defendant has submitted that admittedly, the plaintiff was a politician and therefore, was a public person. The fi....
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....e plaintiff was widely circulated in newspapers and in the electronic media, in the morning of 10th July, 2021, the plaintiff alongwith the Deputy Chief Minister of Delhi, had held a press conference announcing that the Committee had gone through 3000 pages of documentation and had found no corruption. Both these statements cannot stand together, for if the report was available with the Media, there was nothing under hand if the defendant No. 1 had come across it. However, the Committee had itself clarified that it was only focusing on the process qua the CAMC and not the procurement of the buses and therefore, to claim that there was no adverse finding against the Government by the Committee was incorrect. The defendant No. 1 had only stated as much in his tweets which was the truth. 26. Moreover, the question that the defendant No. 1 had raised, including in the Assembly, was as to how the weighted value of Rs. 45.5 per KM had been arrived at. Learned counsel submitted that there was a method of arriving at a weighted value which was given under the GFR, but that was not followed. The Committee had faulted the procedure adopted by the DTC, as the weighted value was usually low....
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....ed false facts since the entire process was over-shadowed with unexplained decisions and improper procedure. Nor have facts reflecting defamation been pleaded and established. 31. It was submitted that this was not a commercial suit and therefore, the index as filed qua admission and denial may be ignored. The written statement was filed within time and an irregularity in verification was curable. Hence, the application I.A. 12535/2021 seeking permission to amend the written statement along with the affidavit be allowed. 32. Since the plaintiff filed the statement of the witness recorded before the learned Metropolitan Magistrate in connection with the filing of the Committee Report with the Chief Secretary on 5th October, 2021, the learned counsel submitted that the original report was already with the Government much prior to the filing of the suit and it was next to impossible that the plaintiff was unaware of its contents. 33. Learned counsel for the defendant No. 1 submitted that in the light of all these factors, no interim injunction can be granted and the application I.A. 10839/2021 be dismissed. 34. In rejoinder, the learned senior counsel for the plaintiff sub....
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....ma & Ors. 2019 SCC OnLine HP 1067; Rachna Gupta vs Dev Ashish Bhattacharya, Order dated 03 January, 2020 by the High Court of Himachal Pradesh in Commercial Suit No. 20 of 2019; T.V. Today Network Ltd. v. The Cognate & Ors, 2021 SCC OnLine Del 3244; and Lakshmi Murdeshwar Puri vs. Saket Gokhale 2021 SCC Online Del 3675. 36. Learned counsel for the defendant No.1 has relied on Kartar Singh v. State of Punjab, 1956 SCR 476; R Rajagopal & Another v. State of TN & others (1994) 6 SCC 632; Mahila Ramkali Devi & Others v. Nandram through LR's & Others (2015) 13 SCC 132; Sardar Charanjit Singh vs. Arun Purie & Others, 1982 SCC OnLine Del 301; M/s Seemax Construction (P) Ltd. vs. State Bank of India & Another, 1991 SCC OnLine Del 668; Billimoria Jehan Bux Tehmuras & Others v. Indian Institute of Architects & Another, 2004 SCC Online Bom 873; Khushwant Singh & Another vs. Maneka Gandhi, 2001 SCC OnLine Del 1030; Indu Jain vs. Forbes Incorporated, 2007 SCC Online Del 1424; Sanj Daily Lokopchar & Others vs. Gokulchand Govindlal Sananda, 2014 SCC OnLineBom1492; Union of India v. Shanti Gurung, 2014 SCC OnLine Del 989; G.K. Mani vs. New Generation Media Corporation Pvt. Ltd., 2019 SCC Online....
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.... the defect in verification is a curable defect. 40. Reference may be made to the decision of a Division Bench of this Court in Suman Jain & ors. Vs. Jaimala Jain & ors. 2007 SCC Online Del 615, and several decisions of Coordinate Benches of this Court, including in Sudesh Garg Vs. Dipender Kumar, 2011 SCC Online Del 5181. In these cases too, specific objections to the filing of the written statement with improper or defective verification were raised and the view taken was that procedural defects and irregularities which are curable should not be allowed to defeat substantive rights or to cause injustice. Defects with regard to signature, verification or presentation, may be permitted to be cured. When the attention of the court is drawn to a defect in verification of the written statement, the defendant should be given an opportunity to cure the same. There is no requirement for an application under Order VI Rule 17 CPC. The opportunity is to be given irrespective of such an application. I.A. 12535/2021 is therefore, quite unnecessary. 41. The learned senior counsel for the plaintiff has pointed out to errors, even in this "amended" verification. Be that as it may, the appl....
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....ount or any other social media profile, in respect of the low floor buses and the orders placed on M/s. Tata Motors Ltd. and M/s. JBM Auto Ltd. Vide prayer (5), directions are sought against defendants No. 2 & 3 to not permit any such posting or tweeting by the defendant No. 1 till the adjudication of the suit. This, the learned counsel for the defendant No. 1 has submitted, is a relief that cannot be granted, as it seeks to muzzle the defendant No. 1 and would be violative of his fundamental rights under Article 19 of the Constitution. Reliance has been placed by him on the judgments of this Court in Sardar Charanjit Singh (supra), Khushwant Singh (supra), as also the judgment of the Supreme Court in R Rajagopal & Another v. State of TN & others, (1994) 6 SCC 632. 44. The judgment of the Supreme Court in R. Rajagopal (supra) lays down the broad principles while considering defamation on publication vis.-a-vis. the freedom of speech and expression guaranteed under Article 19(1)(a). These may be reproduced below for the ready reference: "26. We may now summarise the broad principles flowing from the above discussion: (1) The right to privacy is implicit in the r....
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....obvious that in matters not relevant to the discharge of his duties, the public official enjoys the same protection as any other citizen, as explained in (1) and (2) above. It needs no reiteration that judiciary, which is protected by the power to punish for contempt of court and Parliament and legislatures protected as their privileges are by Articles 105 and 104 respectively of the Constitution of India, represent exceptions to this rule. (4) So far as the Government, local authority and other organs and institutions exercising governmental power are concerned, they cannot maintain a suit for damages for defaming them. (5) Rules 3 and 4 do not, however, mean that Official Secrets Act, 1923, or any similar enactment or provision having the force of law does not bind the press or media. (6) There is no law empowering the State or its officials to prohibit, or to impose a prior restraint upon the press/media." 45. Though the said case was primarily in respect of the right to privacy and the freedom of speech and expression, the court held that no such prior restraint or prohibition of publication can be imposed on a proposed publication. The remedy for ....
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....ot only amount to a gag order, but would also tie the hands of the defendant No. 1, preventing him from effectively discharging his public duties as an MLA by raising questions legitimately, on action taken or not taken by the government, particularly when it would be obligated, at least in the Assembly, to answer the very same questions. 50. It would also amount to a restraint on the defendant No. 1 from raising issues of public importance, which would impact the public and about which the public has a right to know and be informed. It is the elected representatives of the people who are expected to raise the concerns of the public in appropriate fora. Today, it is through the social-media platforms i.e., including Facebook and Twitter amongst others, that information and opinions are transmitted. Only if blatant lies and falsehoods, detrimental to public order and morality or adversely affecting the security of the country or national interests are being disseminated through these social-media platforms, can there be a restraint imposed as being reasonable restrictions under Article 19(2) of the Constitution. Else, none should be prevented from expressing their opinions includ....
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....available to the defendant No. 1 before he made his defamatory statements, it is the contention of the learned counsel for the defendant No. 1 that the Committee had not looked into the purchase of the buses but had considered the CAMC and found it faulty, recommending that it should be cancelled. In other words, according to defendant No. 1, the suspicions raised by him were not unfounded, even in March, 2021. 54. While assessing whether the tweets contain misrepresentation of the facts causing damage to the reputation of the plaintiff, one factor has to be also kept in mind namely, that the defendant No. 1 claims that there is material in the public domain relating to the tendering for the purchase of the buses as also the AMCs from previous years, which were clouded and which were not taken through and that therefore, the decisions taken by the Government in 2020-21 had to be closely monitored. It was on his public demand that the Minutes of the current tendering process were uploaded. The Committee Report was also in the public domain. Thus, it is clear that the defendant No. 1 seeks to justify his tweets on the basis of public records. 55 (i). The initial tweet of 8th Ma....
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....d under the Transport Minister, against whom the main allegations were. Thus, it found fault in the constitution of the Committee. (ix) In respect of the Tweet of 1st July, 2021, allegation of loss of Rs. 30 crores has been made, alleging that the Transport Minister would also get his share. (x) The tweet of 4th July, 2021 is only a tweet of photographs of protest in front of the house of the Transport Minister, namely, the plaintiff. (xi) The tweet of 10th July, 2021 comments on the findings of the Three-Member Committee claiming that the Report established open loot by the Transport Minister in the AMC contract for the new DTC buses and that the entire deal was meant to siphon off Rs. 3,500/- crores from the tax-payers' fund. This, the learned counsel for the defendant No. 1 contended was based on the report itself which asked the Government to cancel the CAMC and being truthful, cannot amount to defamation. (xii) The tweet of 11th July, 2021 similarly, is a comment on the findings of the Committee constituted by the Lieutenant Governor and revelation of a conspiracy. (xiii) The tweet of 27th July, 2021 informs the public that the defendant No. 1 intended to br....
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....dant against the plaintiff as if to suggest that her acquisition of two immovable properties was sourced by corruption, whereas in the present instance, the comments have been on the discharge of public functions by the plaintiff in his capacity as the Transport Minister as also the Chairman of the Delhi Transport Corporation. As noted hereinabove, 'public figures' are subjected to closer scrutiny and unless the same tantamounts to harassment and invasion of private lives of the family of the public personality, interest even in his personal activities, cannot be barred and negative comments banned because they have an impact on his standing in the public eye. Even if these tweets were suggestive of corruption, in the backdrop of the findings of the Committee and initiation of the CBI inquiry, even on a prima facie reading, these cannot be held to be defamatory. Moreover, the defendant No. 1 has raised the plea of justification for these comments and has also referred to various documents during the course of arguments to justify the tweets. The defendant No. 1 has to be granted an opportunity to establish his plea of justification at the time of trial. 58. This Court, i....
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.... the view taken is a prima-facie view and shall not be a reflection on the merits of the case to be determined after trial. CS(OS) 403/2021 64. The defendant No. 1 is granted two weeks' time to file the proper verification. 65. List before the Roster Bench on 12th July, 2022, for framing of issues. 66. The order be uploaded on the website forthwith. ============= Document 1 Vijender Gupta @Gupta vijender DTC चैयरमेन और परिवहन मंतà¥à¤°à¥€ @kgahlot बताओ ??? 22 दिसंबर 2020 से 19 फरवरी 2021 तक DTC बोरà¥à¤¡ मीटिंग के Minutes वेबसाइट पर नहीं है, कà¥à¤¯à¥‹à¤‚ ? Delhi Govt. DTC website ( it.delhigovt.nic.in/pis/noc /cir_se 1000 बस ख़रीद में घोटाले की बू आ रहà....
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....बिधूड़ी के नेतृतà¥à¤µ में बीजेपी यक उपराजà¥à¤¯à¤ªà¤¾à¤² अनिल बैजल से मिले खरीद के मामले की उचà¥à¤šà¤¸à¥à¤¤à¤°à¥€à¤¯ जांच की बीजेपी ने लगाया अनियमितताओं का आरोप हि विधूड़ी के मà¥à¤¤à¤¾à¤¬à¤¿à¤•, दिलà¥à¤²à¥€ सरकार -फà¥à¤²à¥‹à¤° सीà¤à¤¨à¤œà¥€ बसों की खरीद में बड़े रà¥à¤¥à¤¿à¤• अनियमितà....
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....छ समय बाद इन बसों के à¤à¤¨à¥à¤…ल के लिठà¤à¤• और टेंडर निकाल कर ल रà¥à¤ªà¤¯à¥‡ का करार किया गया। लो फà¥à¤²à¥‹à¤° बसों की खरीद में à¤à¥à¤°à¤·à¥à¤Ÿà¤¾à¤šà¤¾à¤° का आरोप बसों की खरीद में घोटाले का आरोप, à¤à¤²à¤œà¥€ से शिकायत घोटाले के विरोध में à¤à¤¾à¤œà¤ªà¤¾ विधायकों ने किया वॉकआउट Document ....
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....दी में पाई गई वितà¥à¤¤à¥€à¤¯ गड़बड़ी • आप के लिठà¤à¤¸à¥€à¤¬à¥€ को नहीं मिल रही सरकार से मंजूरी à¤à¤²à¤œà¥€ से अनà¥à¤®à¤¤à¤¿ दिलाने की मांग रहा है कि इनके (à¤à¤²à¤œà¥€ पर खरीद कीशों के मà¥à¤¤ साल तक इनके कीरà¥à¤¤à¤¿ करने कंपनी की होनी चाहिà¤à¥¤ इस के लिठदिलà¥à¤²à¥€ पà¥à¤²à¤¿à¤¸ को ....
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....लग से पà¥à¤°à¤¤à¤¿à¤µà¤°à¥à¤· 350 करोड़ रà¥à¤ªà¤¯à¥‡ कर दिया गया और उसमें तीन की की 9:49 AM - Jun 15, 2021 Twitter for iPhone सतत निदेशक को पक अनà¥à¤ªà¤•à¥‹ का को विà¤à¤¾à¤— जोध कराई गई खरीद पà¥à¤°à¤•à¥à¤°à¤¿à¤¯à¤¾ में विली बड़ी की बात सामने आई है। उनका आरोप है कि गया Document 4 Vijender Gupta 17 June at 22:39 केजरीवाल सरकार के मंतà¥à¤°à¥€ @kgahlot का ....
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....tary cum Commission enten swaarted at this stage and sove cited subject. Vide the said DO, this Department was requ ir direction / advise to DTC for further course of action requir matter was examined in this Department. I have been directed process of procurement of 1000 buses and their AMC be kept in r orders. s issues with the approval of Hon'ble Minister (Transport). t To examine the instant procurement can structured along a better and more efficent mo tee shall submit a report within 2 weeks to the Han ble LG Vie TPT/2021/6221-26 OP Aggarwal UAS (Red) Former Secretary Gol Former Head of Urban Transport Dive ecretary Directorate of Vigilance Lever wing Dein Secretara IP Estate New Secretary cum Commissioner Transport Govt of NCT of De ward for favour of kind nation to Hon ble! Governor Chief Secretary Subodh Dy. Commissioner (DT Special Document 5 Vijender Gupta 19:00 5000 करोड़ रूपये का वरà¥à¤• आरà¥à¤¡à¤° मंतà¥à¤°à¥€ कैलाश गहलोत à....
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....— बगा ती सरकार ने जनवरी में दोनों से कà¥à¤² 890 रà¥à¤ªà¤¯à¥‡ 00 बस खरीदने किया था, जिनमें 200 ब | आटी लिमिटेड से खरीदी Rs. 300 बसें टाटा कंपनी 1 के लिठअनà¥à¤¬à¤‚ध हà¥à¤† की आपूरà¥à¤¤à¤¿ शà¥à¤°à¥‚ होती, उससे विवाद शà¥à¤°à¥‚ होगा। लग रहे है कि के बाद में बदलाव करके इन की बसों कà....
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....हम तरीके की आप के लिठतैयार है। पहले à¤à¥€ à¤à¤¾à¤œà¤ªà¤¾ वाले 400 फाइलों की कर चà¥à¤•à¥‡ है, उनà¥à¤¹à¥‡à¤‚ कà¥à¤› नहीं मिला था। गड़बड़ी मिलन बावजूद का रखरखाव के नाम पर 350 करोड़ रà¥à¤ªà¤¯à¥‡ दिठजाà¤à¤‚गे, जबकि जांच की अनà¥à¤®à¤¤à¤¿ नहीं के टेंडर में कंपनी दà¥à¤µà¤¾à¤°à¤¾ तीन साल है। दै....
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....¤—म (डीटीसी) निदेशक को पर लिखकर विदà¥à¤°à¤•à¥‹ पà¥à¤°à¤•à¥à¤°à¤¿à¤¯à¤¾ सà¥à¤¥à¤—ित करने का पतà¥à¤° में कहा गया है कि मामले की जांच की है। आदेश के बाद गà¥à¤ªà¥à¤¤à¤¾ ने उपराजà¥à¤¯à¤ªà¤¾à¤² अनिल बैजल का पतà¥à¤° लिखकर मामले में हसà¥à¤¤à¤•à¥à¤·à¥‡à¤ª करने की मांग की परिवहन विà¤à¤¾à¤— की आंतरिक à....
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.... के 250 बसों को खरीद का वरà¥à¤• ऑरà¥à¤¡à¤° जारी करने क वहन मंतà¥à¤°à¥€ कैलाश गहलोत और निजी कंपनियों से मिलीà¤à¤—त द में अनियमितता, बस सपà¥à¤²à¤¾à¤¯à¤°à¥‹à¤‚ और परिवह गहलोत के बीच मिलीà¤à¤—त की पà¥à¤·à¥à¤Ÿà¤¿ करता है रती है। बिनेट मंजूरी और बगैर टेंडर के 250 अतिरिकà¥à¤¤ के लिà....
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....œà¤ªà¤¾ दिलà¥à¤²à¥€ के पूरà¥à¤µ पà¥à¤°à¤¦à¥‡à¤¶ अधà¥à¤¯à¤•à¥à¤· और कहा कि दिलà¥à¤²à¥€ सरकार दà¥à¤µà¤¾à¤°à¤¾ इन दोनों निजी कंपनी का विजेंदà¥à¤° गà¥à¤ªà¥à¤¤à¤¾ ने केजरीवाल सरकार दà¥à¤µà¤¾à¤°à¤¾ 1000 लो फॠ* किठगठघोटाले के तथà¥à¤¯ उजागर करते हà¥à¤ कहा, 1000 लो फà¥à¤²à¥‹à¤° बसों की आपूरà¥à¤¤à¤¿ तक ही सीमित नहीं है अपà¤....
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.... है। उनà¥à¤¹à¥‹à¤‚ने री दी गई। जबकि 11 जà¥à¤²à¤¾à¤ˆ 2019 को कैबिनेट के फैसद पà¥à¤°à¤•à¥à¤°à¤¿à¤¯à¤¾ में बड़े पैमाने पर हà¥à¤ à¤à¥à¤°à¤·à¥à¤Ÿà¤¾à¤šà¤¾à¤° को जनता के सामने बीआई जांच कराई जानी चाहिà¤à¥¤ Document 7 Vijender Gupta @Gupta vijender Wrote to @CVCindia seeking intervention in the DTC bus procurement scam. The process under the Chairmanship of Delhi govt's Transport Min @kgahlot is marred by financial irregularities. I have demanded his removal to ensure free & fair inquiry. #KejriwalKaBusScam Press note: 7:39 PM Jun 26, 2021 Twitter for iPhone Document 8 Vijender Gupta 27 June at 23:50 à....
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