argue that if a necessary party is not impleaded, the suit would be
liable to be dismissed.
15.
It is further submitted by Mr. Nigam that the order of ld. Single Judge
in CM(M) 556/2018, which is in the public domain, itself contains the
offending parts, and thus firstly, as Courts have to consider as to whether the
content is vexatious or scandalous, the judicial record itself becomes
defamatory. He relies on a judgment passed in the case of HPS Chawla v
NPS Chawla and Ors. FAO (OS) No. 55/2005 (Decided on 22nd
September, 2005) to submit that redaction was directed in the judicial order
to ensure that offensive content is not made public. Since the Plaintiff is in
public life and runs a business organization for crores worth of business, the
Plaintiff ought to be open to criticism.
16.
Insofar as the Act is concerned, it is submitted that under Section 1(2),
it applies to only to the territory of India. Though under Section 75 it is clear
that the Act applies to any offence or contravention committed outside of
India if the same is committed through a computer, computer system or
computer network located in India, the contraventions as contemplated
under the Act are provided for in Sections 43, 43A, 66A, 66B, 66 66E and
Section 66F. However, defamation is not covered in these provisions.
Reliance is also placed on the decision in Playboy v. Chuckleberry 939 F.
Supp. 1032 (S.D.N.Y. 1996) to argue that a U.S. court in the said case had
held that there could not be an injunction by a U.S. Court against publication
of a magazine titled „Playmen‟ in Italy. It is further argued that the grant of a
global injunction at the interim stage is like decreeing the suit. Since the
Plaintiff‟s reputation is restricted and localised in India, the Plaintiff is
adequately protected by geo-blocking. If the uploader himself removes the
CS (OS) 27/2019
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