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2021 DIGILAW 1046 (MAD)

Ravi Raman v. Arul Viswanathan

2021-03-23

N.KIRUBAKARAN, P.D.AUDIKESAVALU

body2021
JUDGMENT : N. Kirubakaran, J. 1. The matter was heard through "Video Conference". 2. This Appeal has been filed against the order of dismissal of an Application in O.A. No. 1026 of 2020 on 13.08.2020, taken out by the Appellant/Plaintiff to issue summons to Google LLC at 600, Amphitheatre Parkway, Mountain View, California 94043, United States of America and Google India Private Limited at No. 3, RMZ Infinity - Tower E, Old Madras Road, 4th and 5th Floor, Bangalore - 560016 to produce all records relating to e-mail dated 17.08.2019 from Gmail email account 'arul.viswanathan@gmail.com' with the subject 'Nomination submitted by Rtn. Ravi Raman from R.C. Madras Coromandel for DGN 2022-23-Misrepresentation of facts, Misleading Claims and Discrepancies in the Bio data submitted - Request disqualification of the candidature of Rtn. Ravi Raman'. 3. Heard Mr. Vineet Subramani, Learned Counsel for the Appellant and Mr. Madhu Prakash, Learned Counsel for the Respondent. 4. The Appellant has filed a suit in C.S. No. 541 of 2019 seeking : (a) permanent injunction restraining the Defendant, whether by himself, partners, employers, servants, agents or otherwise whosoever from seeking to or continuing to defame the Plaintiff and spreading defamatory contents and communications against the Plaintiff; (b) Award damages of Rs. 1,00,00,100/- (Rupees One Crore One Hundred Only) against the Defendant; (c) An order for costs of the proceedings. 5. The case of the Appellant is that his reputation had been damaged by the materials viz., e-mail circulated by the Respondent, on the eve of election to the post of District Governor of Rotary Club. The Appellant is a member of the Rotary Club of Madras Coromandel since 1996 and on account of his involvement in the activities of the Rotary Club, he had been elected twice as President, firstly, for the term 2000-2001 and again, for the term 2013-2014. The election for the post of District Governor of Rotary Club was fixed on 15.09.2019. The Appellant had filed his nomination for the post of District Governor of Rotary Club, apart from two other candidates, who were also in the field, for that term. 6. When things stand so, the Appellant was informed by the members of the Rotary, who were his friends, that the Respondent addressed e-mail dated 17.08.2019 to the District Governor, Mr. G. Chandra Mohan, making several false and defamatory allegations against the Appellant. 6. When things stand so, the Appellant was informed by the members of the Rotary, who were his friends, that the Respondent addressed e-mail dated 17.08.2019 to the District Governor, Mr. G. Chandra Mohan, making several false and defamatory allegations against the Appellant. Even though the mail was addressed to the District Governor, in fact, it was sent to all the Rotary members, who had to vote in that election. 7. According to the Appellant, the Respondent made statement of defamation and damaged the reputation of the Appellant only to prevent the Appellant from getting elected. As a result of the e-mail, many of the Appellant's close friends and associates started avoiding the Appellant and discontinued his association and the Appellant received several phone calls from many persons, enquiring about the veracity of the contents. Therefore, the Appellant had sent a notice dated 21.08.2019 to the Respondent, seeking an apology from him and also initiated criminal proceedings before the XVIII Metropolitan Magistrate, Saidapet on 26.08.2019. Further, the Appellant had also filed a suit seeking various reliefs. The Respondent had entered appearance and filed Written-statement in the said suit. The Appellant examined himself as PW1 and his evidence was over. On completion of his evidence, the Appellant filed the Application in O.A. No. 1026 of 2020, seeking to summon Google LLC at 600, Amphitheatre Parkway, Mountain View, California 94043, United States of America and to Google India Private Limited at No. 3, RMZ Infinity - Tower E, Old Madras Road, 4th and 5th Floor, Bangalore - 560016 to produce all records relating to e-mail dated 17.08.2019 from Gmail email account 'arul.viswanathan@gmail.com' with the subject matter, alleging that though e-mail shows that it was only sent to the District Governor of Rotary, in reality, the said mail was sent under BCC (Blind Carbon Copy) to multiple persons. Only when the information is retrieved from the Google, it will be known as to how many persons the alleged defamatory mail has been circulated. The said application, on contest, was dismissed. 8. The Learned Single Judge gave reasoning that there is an alternate method of examining the recipients of that mail, which had been stated in cause of auction i.e., paragraph no. 31 of the Plaint and if any of the recipient of the said mail is examined as witness, it would prove the case of the Appellant. 8. The Learned Single Judge gave reasoning that there is an alternate method of examining the recipients of that mail, which had been stated in cause of auction i.e., paragraph no. 31 of the Plaint and if any of the recipient of the said mail is examined as witness, it would prove the case of the Appellant. Moreover, Learned Single Judge also pointed out that in the criminal complaint filed by the Appellant, Mr. Satish Ganesan, Immediate Past President of the Rotary Club of Chennai Serenity and Mr. A. Gavaskar, Secretary of the Rotary Club of Chennai Serenity are shown as witnesses and the Appellant can prove his case by examining them and accordingly, the Application was dismissed. 9. It is admitted by the Learned Counsel appearing for the Respondent that the mail was not only sent to District Governor of Rotary but also circulated to various persons by the Respondent. As rightly pointed by Mr. Vineet Subramani, BCC is a Blind Carbon Copy, where the identities of the addressees/recipients could be totally masked. Only when the summons are issued, the number of persons to whom the mail had been addressed and circulated could be known. It is the case of the Appellant that the Respondent had tarnished the image of the Appellant by sending the alleged defamatory and malicious mail to all the members of the Rotary, who had to vote in that election. In order to prove his case, the Appellant had filed this Application. It is the discretion of the Appellant to prove his case in many ways, not only by examining the witnesses, but also by summoning documents from the custody of the persons from whom it can be summoned. 10. Moreover, no prejudice would be caused to the Respondent, if the Application is allowed, on the other hand, the Appellant would be losing his case for lack of evidence and he may not be in a position to prove his case. Interest of justice requires to give an opportunity to the Appellant to summon the documents as prayed for. 11. Moreover, no prejudice would be caused to the Respondent, if the Application is allowed, on the other hand, the Appellant would be losing his case for lack of evidence and he may not be in a position to prove his case. Interest of justice requires to give an opportunity to the Appellant to summon the documents as prayed for. 11. Therefore, this Original Side Appeal is allowed and thereby, the Application in O.A. No. 1026 of 2020 is also allowed and the summons are directed to be issued to Google LLC at 600, Amphitheatre Parkway, Mountain View, California 94043, United States of America and to Google India Private Limited at No. 3, RMZ Infinity - Tower E, Old Madras Road, 4th and 5th Floor, Bangalore - 560016 to produce all records relating to e-mail dated 17.08.2019 from Gmail email account 'arul.viswanathan@gmail.com' with the subject 'Nomination submitted by Rtn. Ravi Raman from R C Madras Coromandel for DGN 2022-23-Misrepresentation of facts, Misleading Claims and Discrepancies in the Bio data submitted - Request disqualification of the candidature of Rtn. Ravi Raman'. Consequently, connected Miscellaneous Petitions are closed. No costs.