SMC Pneumatics (India) Pvt. Ltd. V. Jogesh Kwatra Case Study
1. SMC Pneumatics (India) Pvt. Ltd. v. Jogesh Kwatra
In India 's first case of cyber defamation, a Court of Delhi assumed jurisdiction over a matter where a corporate’s reputation was being defamed through emails and passed an important ex-parte injunction.
In this case, the defendant Jogesh Kwatra being an employ of the plaintiff company started sending derogatory, defamatory, obscene, vulgar, filthy and abusive emails to his employers as also to different subsidiaries of the said company all over the world with the aim to defame the company and its Managing Director Mr. R K Malhotra. The plaintiff filed a suit for permanent injunction restraining the defendant from doing his illegal acts of sending derogatory emails to the plaintiff.
On behalf of the plaintiffs it was contended that the emails sent by the defendant were distinctly obscene, vulgar, abusive, intimidating, humiliating and defamatory in nature. Counsel further argued that the aim of sending the said emails was to malign the high reputation of the plaintiffs all over India and the world. He further contended that the acts of the defendant in sending the emails had resulted in invasion of legal rights of the plaintiffs. Further the defendant is under a
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