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District North 24 Parganas
In the Court of Ld. 1st Civil Judge (Sr. Divn) at Barasat
T.S. /2022
BIBASWAN MUKHERJEE S/O Late
Buddhadeb Mukherjee residing at
479, Kalikapur (E), Barasat Taki
Road (N), District North 24
Parganas, P.O. and P.S. Barasat,
District North 24 Parganas, Kolkata
– 700124.
…Plaintiff
VERSUS
RUMA BHADRA PAUL D/O Late
Ajoy Kumar Bhadra, residing at
Radha Krishna Complex Radha
Krishna Complex, Block – B 3rd
Floor, Flat no. 5, Guha Para, Gupta
Colony, P.O. Nabapally, P.S.
Barasat, District north 24 Parganas,
Kolkata – 700126
…Defendant
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Suit for Damage for Defamation
valued at Rs. 5,00,000/-,
Permanent Injunction valued at Rs.
100 and Mandatory Injunction
valued at Rs. 100/-, total value of
Rs. 5,00,200/- (Rupees five Lakhs
Two hundred) only
Most Respectfully Sheweth,
1. That the plaintiff is a bona fide Citizen of India permanently
residing at the above mentioned address and is a practicing
Advocate having his office at Block – C, Room No. 3, District Bar
Association, Barasat, Opposite of District Judges’ and Sessions
Court at Barasat, Kolkata – 700124 which is within the
jurisdiction of this Ld. Court and the Defendant also resides in the
above mentioned addres within the jurisdiction of Barasat Police
Station which is also within the jurisdiction of this Ld. Court.
2. That the plaintiff representing his client Aparna Pati W/O Prabir
Pati and Prabir Pati S/O Late Jatindra Nath Pati both are Residing
at Radha Krishna Complex, Block – B 3 rd Floor, Flat no. 4, Guha
Para, Gupta Colony, P.O. Nabapally, P.S. Barasat, District north
24 Parganas, Kolkata – 700126 have filed a suit against the
present defendant along with others before the Ld. 1 st Civil Judge
(Jr. Divn.) at Barasat being Title suit no. 295 of 2021 and against
the order no. 10 dated 24.11.2021 in connection with the said suit
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your plaintiff being the Advocate representing the above mentioned
client have filed a Misc. Appeal before the Ld. District Judge at
Barasat which is transferred to the Ld. 2nd Civil Judge (Sr. Divn.) at
Barasat registered as Misc. Appeal no. 1 of 2021 and along with
the filing of Memorandum of Appeal your plaintiff being the
Advocate representing the above mentioned client have filed an
application for staying the above mentioned impugned order no. 10
dated 24.11.2021 passed by Ld. 1st Civil Judge (Jr. Divn.) at
Barasat and on 23.12.2021 Ld. 2nd Civil Judge (Sr. Divn.) at
Barasat have passed an ad interim order to stay the operation of
order no. 10 dated 24.11.2021 in connection with Title suit no.
295 of 2021 passed by Ld. 1st Civil Judge (Jr. Divn.) at Barasat
which your plaintiff representing his above mentioned client have
communicated to your defendant on 24.12.2021 through his letter
head, as your defendant is Respondent no. 1 of the said Misc
Appeal and the said letter was duly received by your defendant.
3. That out of the grudge of the above mentioned action taken on the
part of the plaintiff, your defendant on 29.12.2021 had posted
filthy comments in one of the public facebook post posted by the
plaintiff having its hyperlink as,-
https://www.facebook.com/bibaswanm/posts/
4755859417781246?
comment_id=4928284910538695¬if_id=1640795752006829&n
otif_t=feed_comment&ref=notif
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the comments as posted publicly to that link are, “Sob public k
nirakhar o boka vabben na. Sudhumatro nijer client dereee ullu
vabte shikhun.” And “Apnar client er 2to baba bole ki apni amr
baba r nam palte diyechhen. Parle aktu lekha pora kore chithi fiti
likhun ba okaloti ta korun. Akhono onek kichhu sekha baki
achhe.” And the display picture of the defendant herein is posted
as, and hyperlink of the profile of the plaintiff in facebook is as
follows:-
https://www.facebook.com/ruma.bhadra.35?
comment_id=Y29tbWVudDo0NzU1ODU5NDE3NzgxMjQ2XzQ5Mjgy
ODQ5MTA1Mzg2OT U%3D
and by seeing the display picture, the plaintiff have every reason to
believe that the person who have made the above mentioned
comment in a public platform is no one but the defendant herein.
And the screenshot of the post in the facebook along with the said
comments are also given below:-
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It is quite unfortunate to see someone’s behaviour towards a
human being and the said comments are being made to malign the
image and picture of the plaintiff and his above mentioned client
and which is defamatory as the place in which the said comments
are being made is a public platform and has an easy and free
access to all the public in the society at large who are in the friend
list and who are not. Thus the honour and prestige of the plaintiff
has been damaged before the public at large.
4. That after seeing the above mentioned comments of the defendant,
the plaintiff on 30.12.2021 have served a legal notice upon the
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defendant herein mentioned in details the abovementioned
statements asking for the below mentioned questions to the
defendant:-
a. Is the display picture as given by me hereinabove is your
picture?
b. Is the comment is made by you?
c. If the above mentioned comment is made by you, then,
i. Which letter have you referred in the said comment?
What is the date of the said letter?
ii. What is the name of your father?
iii. Do you have LL.B. degree from recognised university?
iv. What is the unprofessional attitude you have found in
my advocacy?
v. In the part of the comment “Apnar client er 2to
baba…” which of my client have you referred? Please
state the name of the client you have referred.
5. That seeking for the answer of the above questions your plaintiff
have also stated in the said legal notice that,-
“If the above mentioned questions are not clarified within 7 days
from the receiving of this letter then it would be deemed that the
above mentioned comments are made by you and you have posted
the above mentioned comments with a view to malign my image in
the public platform. And the client which you have referred in the
above mentioned comment “Apnar client er 2to baba…” is no one
but my client in connection with the above mentioned case, Prabir
Pati, because I have many reasons along with evidence to believe
that you can make such comments on me and my client, Prabir
Pati or Aparna Pati. And it would also be deemed that letter which
you have referred in your comment “Parle aktu lekha pora kore
chithi fiti likhun ba okaloti ta korun…” is the letter dated
24.12.2021 in connection with Misc. Appeal 1 of 2021 pending
before the Ld. 2nd Civil Judge (Sr. Divn.) at Barasat.
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And for the above mentioned charges I shall have no other
alternative but to take legal recourse against you.”
6. That despite of due service of the above mentioned notice on
31.12.2021 your defendant have not replied the said legal notice
till this date moreover after receiving the said legal notice
defendant had further commented on the above mentioned post
that, “my father was a A grade gazetted officer. So don’t try to
deframe mu father’s name I will take steps against you with a
handful proofs.”
7. That the nature of the defendant is very much clearly explained in
the plaint of T.S. 295 of 2021 which is filed with this suit as
annexure for the kind perusal of your honour.
8. That the defendant has made scathing and defamatory remarks
with a view to malign and degrade the reputation of the plaintiff as
well as to prejudice to a fair and reasonable trial and to interfere
with the administration of justice. The remarks made by the
defendant in the aforesaid post are derogatory and intended to
lower the image of the plaintiff in the eyes of the public. Overall the
said posts and comments read together seriously disparage and
denigrate the reputation of the Plaintiff and lower the esteem of the
Plaintiff in the eyes of the public, and not only that some of the
existing clients of the plaintiff as well near relatives and friends put
a question on my prestige and dignity by going through the above
mentioned post, thus the practice of the plaintiff as an Advocate
has been damaged at present and in future. Thus the defendant is
to be directed by the Ld. Court to pay the damages for defamation
as to be calculated by the Ld. Court.
9. Thus without having any other alternative the plaintiff have filed
the instant suit claiming for damages for defamation valued at Rs.
5,00,000/- and praying for injunction restraining the defendant
from making any defamatory post to malign the prestige and
dignity of the plaintiff till the disposal of the suit and permanent
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after trial in the same manner along with a prayer for Mandatory
Injunction etc.
10. That the first cause of action was arose on 12 th November, 2021
when the Plaintiff have made a post having the hyperlink as
follows:-
https://www.facebook.com/bibaswanm/posts/
4755859417781246?
comment_id=4928284910538695¬if_id=1640795752006829&n
otif_t=feed_comment&ref=notif
thereafter the next cause of action was arose on 29.12.2021 when
you defendant have made comments as posted publicly to that link
are, “Sob public k nirakhar o boka vabben na. Sudhumatro nijer
client dereee ullu vabte shikhun.” And “Apnar client er 2to baba
bole ki apni amr baba r nam palte diyechhen. Parle aktu lekha
pora kore chithi fiti likhun ba okaloti ta korun. Akhono onek
kichhu sekha baki achhe.” Followed by the next cause of action
when the defendant have served a legal notice upon the present
defendant on 30.12.2021 which is filed herewith as annexure
asking for the reply of the said legal notice within seven days from
the date of receiving the said legal notice and despite of receiving
the said notice on 31.12.2021 the defendant compelled to arise the
next cause of action on 07.02.2022 when she has not replied the
said legal notice dated 30.12.2021 within the jurisdiction of
Barasat Police station which is within the jurisdiction of this Ld.
Court.
11. That the instant suit for Damages for Defamation is valued Rs.
5,00,000, permanent injunction valued at Rs. 100/- and
Mandatory injunction valued at Rs. 100/-, total value of Rs.
5,00,200/- and the court fee has been paid accordingly as per
proviso of Section 7(i) of west Bengal Court fees Act as amended
upto date.
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Therefore the plaintiff prays for:-
(a) A Decree of Damages for Defamation in
favour of the plaintiff against the
defendant;
(b) An Order of permanent injunction
restraining the defendant from making
any further derogative comments and/or
activities in any public place either offline
or online against the plaintiff during
pendency of suit and permanently after
trial in the same manner.
(c) For an order of Mandatory injunction
directing the defendant to pay the
damages for defamation as calculated by
the Ld. Court.
(d) Cost,
(e) Any other relief/relieves as your honour
may deem fit and proper.
VERIFICATION
I, Bibaswan Mukherjee S/O Late Buddhadeb Mukherjee aged about 34
years, by faith Hindu, by Occupation Advocate, residing at 479,
Kalikapur (E), Barasat Taki Road (N), District North 24 Parganas, P.O.
and P.S. Barasat, District North 24 Parganas, Kolkata – 700124, being
the plaintiff of the instant suit have read the above mentioned paras and
knowing the same true to best of my Knowledge and belief I sign this
verification in the Barasat Court premises on
Deponent
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AFFIDAVIT
I, Bibaswan Mukherjee S/O Late Buddhadeb Mukherjee aged about 34
years, by faith Hindu, by Occupation Advocate, residing at 479,
Kalikapur (E), Barasat Taki Road (N), District North 24 Parganas, P.O.
and P.S. Barasat, District North 24 Parganas, Kolkata – 700124, do
hereby solemnly affirm as follows:-
1. That I am the sole plaintiff of the instant suit and well conversant
of the facts of this case. …this is true to my Knowledge.
2. That the statements made in the above paras are true to best of my
Knowledge and belief and I sign this affidavit in the Barasat Court
premises on
Deponent
Identified by me
Advocate
