Justice Purushaindra Kumar Kaurav of the Delhi high court "returned" the plaint to Sameer Wankhede and said since the parties resided in Mumbai and the alleged wrong also occurred there, the courts in Mumbai had the power to deal with such a plea.
The Delhi high court on Tuesday permitted IRS officer Sameer Wankhede to move a court in Mumbai with his lawsuit alleging defamation by The Ba***ds of Bollywood series produced by Shah Rukh Khan-owned Red Chillies Entertainment Pvt Ltd.
Key Points
- Delhi high court allowed Sameer Wankhede to move his defamation lawsuit against Red Chillies Entertainment to a Mumbai court.
- Wankhede alleges the web series The Ba***ds of Bollywood contains defamatory content intended to settle personal scores related to the Aryan Khan drugs case.
- The Delhi high court previously ruled it lacked territorial jurisdiction, as the parties reside in Mumbai and the alleged wrong occurred there.
- Wankhede seeks an injunction and Rs 2 crore in damages, which he intends to donate to the Tata Memorial Cancer Hospital.
Court Order
Justice Vikas Mahajan allowed Wankhede's application and asked the parties to appear before a civil court in Malad on February 12.
"The application is allowed. Let the parties appear before the city civil & sessions court, Dindoshi, Malad in Mumbai on February 12 when he (Wankhede) proposes to present the plaint," the judge said.
The court also said the order would be treated as summons to the parties in the case that would now be taken up by the Mumbai court.
Jurisdiction
Wankhede filed the application after the high court's January 29 ruling that it had no territorial jurisdiction to hear his lawsuit.
Justice Purushaindra Kumar Kaurav had "returned" the plaint to Wankhede and said since the parties resided in Mumbai and the alleged wrong also occurred there, the courts in Mumbai had the power to deal with such a plea.
Defamation Claim
According to Wankehde, "defamatory content" was created in the web series to settle personal scores with him and avenge the arrest of Khan's son Aryan Khan in a 2021 drugs case.
He claimed the series, written and directed by Aryan Khan, was orchestrated to target and malign him.
Wankhede sued Red Chillies and Netflix for defamation and sought an order of injunction as well as Rs 2 crore in damages, which he wanted to be donated to the Tata Memorial Cancer Hospital for cancer patients.
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