Bombay High Court grants injunction in favour of Zilingo co-founder Ankiti Bose in defamation suit against Mahesh Murthy

The Bombay High Court on August 24 granted interim relief to Zilingo founder Ankiti Bose in a defamation suit filed by her against Pinstorm founder and Indian marketer Mahesh Murthy in relation to certain articles written by him in Outlook magazine [Ankiti Bose v. Mahesh Murthy & Anr.].Single-judge Justice SM Modak restrained Murthy permanently from making or publishing any defamatory statements against Bose in any manner whatsoever..Bose was suspended as chief executive officer (CEO) of Zilingo in March 2022 amidst investigations into the company's financial irregularities. Following her suspension, Bose claimed that attempts were being made to remove her from the company, which itself entered into liquidation this January.It was around this time that Murthy authored From Vulture Capital to Victim Capital: Mahesh Murthy’s Take on VCs in India, an article that was published in Outlook Business Magazine..The comments made in the article compelled Bose to approach the High Court with a defamation suit on April 20 alleging that the article referred to her though not expressly. The article, she claimed, referred to India’s best known start-up and one of them is Zilingo. In the same article, the writer has written that the founders of startups are not innocent bystanders. Further there is reference that person who illegally takes out money are well known and there is an indication towards one lady who runs popular fashion portal and took Sequoia’s money, it was pointed out.This lady referred to in the article is Bose, it was contended.Bose alleged that both Outlook and Murthy caused damage to her name, reputation and standing in the eyes of the public. She, therefore, sought damages of ₹820 crores.Bose also sought an order to delete and remove any article, tweet or statement posted against her on any online platform."That this Court be pleased to pass an order of permanent injunction preventing/or restraining the defendant, his authorized representative and all other acting under his instructions from publishing, writing and social media handles, or publishing in any manner whatsoever any content/material which is defamatory about the plaintiff,” Bose prayed.Murthy responded to the suit stating that if the acts in the article are attributed to an unnamed person, then Bose has no ground to claim defamation. .Justice Modak observed that if the contents of the articles are examined, there is a reference to Zilingo and a lady who runs the portal indicating that whatever illegal spending is done, is by the lady alone.“If Bose is the only female co-founder of that fashion portal and even Murthy has admitted it, I think, Bose has made out the case for grant of interim reliefs. It is not the stand taken by Murthy that he has done it bonafide and in the public interest,” the 7-page order read. The Court concluded that Murthy could not escape by merely pleading that the article does not expressly refer to or name Bose..Accordingly, the Court found that Bose has made out a case for interim relief.“If this article will continue to appear in the media, certainly, it is going to affect the image of Bose. On the basis of the documents placed before me, it can be certainly said that the balance of convenience is in favour of Bose,” the Court held.Hence, it granted interim injunction in faovur of Bose..Bose was represented by Advocates Pinky Anand and Amir Arsiwala briefed by a team from Singhania & Co. LLP led by managing partner Pradeep Kumar Jain, partner Monika Tanna and associates Dhara Modi, and Ritika Panchamia.Advocate Rama Subramania appeared for Mahesh Murthy.[Read order]