SEKAR REPORTER

Court News from Madras High Court

V sabaresan strike of petition copy in defamation suit filed by admk

by · Published · Updated

I
IN THE HIGH COURT OF JUDICATURE AT MADRAS
(Ordinary Original Civil Jurisdiction)

Application No. 2852 OF 2020

IN

C.S.No. 124 OF 2020

V.Sabarisan,
S/o. Vedamurthy,
Residing at No.8-A,
Chittaranjan Road,
Alwarpet, Chennai – 600 018 …Applicant/2nd Defendant

-Versus-

1. Pollachi V. Jayaraman S/o. Varadaraju Chettiar,
N.C.B 19, P.S.Kumarasamy Raja Salai,
Raja Annamalaipuram,
Chennai 600 028 …1st Respondent/Plaintiff

2. M.K.Stalin,
S/o. Late Dr.M.Karunidhi,
No. 25/9, Chittaranjan Road,
Cenotaph Road, Alwarpet,
Chennai-600 018 …2nd Respondent/1st Defendant

3. Nakkheeran Gopal,
Father’s name not known
Editor, Publisher & Printer,
Nakkheeran Publications,
No.105, Jaanu John Khan Road,
Royapettah,
Chennai 600 014 …3rd Respondent/3rd Defendant

4. S.Arivazhagan,
Editor- Junior Vikatan No. 757, Vasan Avenue,
Anna Salai, Thousand Lights,
Chennai 600 002 …4th Respondent/4th Defendant

5. Kalaignar TV Private Limited, Represented by its Director,
Having Office at No. 367/369,
Anna Arivalayam, 3rd Floor
Anna Salai, Teynampet
Chennai 600 018 …5th Respondent/5th Defendant COUNTER AFFIDAVIT

I, Pollachi V. Jayaraman, S/o. Mr. Varadaraju Chettiar, aged about 68 years, residing at N.C.B 19, P.S.Kumarasamy Raja Salai, Raja Annamalaipuram, Chennai 600 028, do hereby solemnly affirm and
sincerely state as follows:

1. I am the Respondent herein and the Plaintiff in the above suit. I am fully acquainted with the facts of the case. I have gone through the affidavit filed in support of the present application and I deny each and every one of the allegations contained therein save those that are specifically admitted herein and put the deponent to strict proof of the same.

2. At the outset, I humbly submit that the present application is not maintainable both in law and on facts. The present application is
liable to be dismissed in limine.

3. Regarding Paragraph Nos.2 and 3 humbly submit that I have filed the present suit for an injunction restraining the Defendants from making and publishing defamatory statements against me and for damages of Rs.1,00,01,000/-. The averments in the Plaint and the suit documents may kindly be read as part hereof. It is relevant to submit that the Applicant/2nd Defendant has not filed his Written Statement
in the above suit till date.

4. Regarding the allegations in Paragraph Nos.4 and 5, I humbly submit that the averments as regards the defamatory allegations made by the Defendants have been set out and extracted in the Plaint. The averments in Paragraph Nos. 4, 5 and 23 of the Plaint may kindly be referred to in this regard. The allegations in Paragraph No.4 and 5 are vague and they are specifically denied.

5. In Paragraph No.6 of the Affidavit, Plaint paragraph 5 has been
extracted. The allegations in Paragraph Nos.7 to 14 of the Affidavit are specifically denied. I have set out the material facts and full particulars which give rise to a cause of action for instituting the present suit as against the Applicant/2nd Defendant as well as the other Defendants. The allegations contra in Paragraph No.7 to 14 of
the Affidavit are denied.

6. I humbly state that the allegations in Paragraph No.15 are misconceived and baseless. The averment with respect to the relationship between the Applicant and the 1st Defendant is a matter of fact but the allegation of political vendetta and ulterior motives is specifically denied.

7. The allegations in Paragraph No.16 are denied. The allegation of
illusory cause of action is denied. The entire allegations in Paragraph No.16 of the Affidavit are vague and are specifically denied. Regarding the averments in Paragraph No.17 that the Applicant herein filed Application No.1675 of 2020 in the present suit to reject the Plaint and that this Hon’ble Court was pleased to dismiss the above Application vide Order dated 02.11.2020, is a matter of record and the Order dated 02.11.2020 may kindly be read as part hereof.

8. I deny the allegations in Paragraph Nos.18 and 19 of the Affidavit. The Applicant/2nd Defendant is a proper and a necessary party to the present suit. I humbly submit that the allegation that the Applicant would suffer an irreparable loss and damage if he is made to continue as a Defendant in the above is wholly untenable and specifically denied. The Plaint averments, taken as a whole, discloses a cause of action as against the 2nd Defendant. I humbly submit that in the suit, the 2nd Defendant has not filed his Written Statement till date.

9. I humbly submit that the present Application has been filed out of malafide intention to circumvent legal proceedings and nothing but an attempt to delay fair trial of the matter. I reiterate that the Applicant is very much a proper and necessary party to effectively adjudicate the present suit.

10. I humbly submit that I have got a strong case on merits. I further humbly submit that the Applicant would have a fair opportunity to place his defense on record in his Written Statement. On the other hand, if the Applicant is struck out, I will lose the valuable right of contesting my case and I would be put to great injury and hardship.

11. I humbly submit that the present application is liable to be dismissed in limine. I respectfully submit that the averments in the plaint read as a whole, together with the suit documents will show that the plaint discloses cause of action as against the Applicant/2nd Defendant and the Applicant/2nd Defendant is a proper and necessary party in the
above suit.

12. It is therefore prayed that this Hon’ble Court may be pleased to dismiss the above application with exemplary costs and thus render
justice

Solemnly affirmed at Chennai BEFORE ME
On this the 1st day of March 2021
And signed his name
In my presence. ADVOCATE::CHENNAI

N THE HIGH COURT OF JUDICATURE AT MADRAS
(Ordinary Original Civil Jurisdiction)

Application No. 2852 OF 2020

IN

C.S.No. 124 OF 2020

V.Sabarisan,
S/o. Vedamurthy,
Residing at No.8-A,
Chittaranjan Road,
Alwarpet, Chennai – 600 018 …Applicant/2nd Defendant

-Versus-

1. Pollachi V. Jayaraman S/o. Varadaraju Chettiar,
N.C.B 19, P.S.Kumarasamy Raja Salai,
Raja Annamalaipuram,
Chennai 600 028 …1st Respondent/Plaintiff

2. M.K.Stalin,
S/o. Late Dr.M.Karunidhi,
No. 25/9, Chittaranjan Road,
Cenotaph Road, Alwarpet,
Chennai-600 018 …2nd Respondent/1st Defendant

3. Nakkheeran Gopal,
Father’s name not known
Editor, Publisher & Printer,
Nakkheeran Publications,
No.105, Jaanu John Khan Road,
Royapettah,
Chennai 600 014 …3rd Respondent/3rd Defendant

4. S.Arivazhagan,
Editor- Junior Vikatan No. 757, Vasan Avenue,
Anna Salai, Thousand Lights,
Chennai 600 002 …4th Respondent/4th Defendant

5. Kalaignar TV Private Limited, Represented by its Director,
Having Office at No. 367/369,
Anna Arivalayam, 3rd Floor
Anna Salai, Teynampet
Chennai 600 018 …5th Respondent/5th Defendant COUNTER AFFIDAVIT

I, Pollachi V. Jayaraman, S/o. Mr. Varadaraju Chettiar, aged about 68 years, residing at N.C.B 19, P.S.Kumarasamy Raja Salai, Raja Annamalaipuram, Chennai 600 028, do hereby solemnly affirm and
sincerely state as follows:

1. I am the Respondent herein and the Plaintiff in the above suit. I am fully acquainted with the facts of the case. I have gone through the affidavit filed in support of the present application and I deny each and every one of the allegations contained therein save those that are specifically admitted herein and put the deponent to strict proof of the same.

2. At the outset, I humbly submit that the present application is not maintainable both in law and on facts. The present application is
liable to be dismissed in limine.

3. Regarding Paragraph Nos.2 and 3 humbly submit that I have filed the present suit for an injunction restraining the Defendants from making and publishing defamatory statements against me and for damages of Rs.1,00,01,000/-. The averments in the Plaint and the suit documents may kindly be read as part hereof. It is relevant to submit that the Applicant/2nd Defendant has not filed his Written Statement
in the above suit till date.

4. Regarding the allegations in Paragraph Nos.4 and 5, I humbly submit that the averments as regards the defamatory allegations made by the Defendants have been set out and extracted in the Plaint. The averments in Paragraph Nos. 4, 5 and 23 of the Plaint may kindly be referred to in this regard. The allegations in Paragraph No.4 and 5 are vague and they are specifically denied.

5. In Paragraph No.6 of the Affidavit, Plaint paragraph 5 has been
extracted. The allegations in Paragraph Nos.7 to 14 of the Affidavit are specifically denied. I have set out the material facts and full particulars which give rise to a cause of action for instituting the present suit as against the Applicant/2nd Defendant as well as the other Defendants. The allegations contra in Paragraph No.7 to 14 of
the Affidavit are denied.

6. I humbly state that the allegations in Paragraph No.15 are misconceived and baseless. The averment with respect to the relationship between the Applicant and the 1st Defendant is a matter of fact but the allegation of political vendetta and ulterior motives is specifically denied.

7. The allegations in Paragraph No.16 are denied. The allegation of
illusory cause of action is denied. The entire allegations in Paragraph No.16 of the Affidavit are vague and are specifically denied. Regarding the averments in Paragraph No.17 that the Applicant herein filed Application No.1675 of 2020 in the present suit to reject the Plaint and that this Hon’ble Court was pleased to dismiss the above Application vide Order dated 02.11.2020, is a matter of record and the Order dated 02.11.2020 may kindly be read as part hereof.

8. I deny the allegations in Paragraph Nos.18 and 19 of the Affidavit. The Applicant/2nd Defendant is a proper and a necessary party to the present suit. I humbly submit that the allegation that the Applicant would suffer an irreparable loss and damage if he is made to continue as a Defendant in the above is wholly untenable and specifically denied. The Plaint averments, taken as a whole, discloses a cause of action as against the 2nd Defendant. I humbly submit that in the suit, the 2nd Defendant has not filed his Written Statement till date.

9. I humbly submit that the present Application has been filed out of malafide intention to circumvent legal proceedings and nothing but an attempt to delay fair trial of the matter. I reiterate that the Applicant is very much a proper and necessary party to effectively adjudicate the present suit.

10. I humbly submit that I have got a strong case on merits. I further humbly submit that the Applicant would have a fair opportunity to place his defense on record in his Written Statement. On the other hand, if the Applicant is struck out, I will lose the valuable right of contesting my case and I would be put to great injury and hardship.

11. I humbly submit that the present application is liable to be dismissed in limine. I respectfully submit that the averments in the plaint read as a whole, together with the suit documents will show that the plaint discloses cause of action as against the Applicant/2nd Defendant and the Applicant/2nd Defendant is a proper and necessary party in the
above suit.

12. It is therefore prayed that this Hon’ble Court may be pleased to dismiss the above application with exemplary costs and thus render
justice

Solemnly affirmed at Chennai BEFORE ME
On this the 1st day of March 2021
And signed his name
In my presence. ADVOCATE::CHENNAI

You may also like...