Kolkata court lifts injunction on ‘The Dirty Dozen’ book in ₹50 crore defamation suit

A court in Alipore, Kolkata recently vacated an interim injunction passed in a defamation suit against publishing house Pan Macmillan India in relation to The Dirty Dozen, authored by journalist N Sundaresha Subramanian [Electrosteel Castings Limited v. Pan Macmillan Publishing India Private Limited & Anr]..Published in 2024, the book regales the story of twelve largest corporate defaulters, including the economic misadventures of Vijay Mallya, Nirav Modi and Jatin Mehta, among others..Civil Judge Moumita Ray vacated the interim injunction, observing that the defendant could prima facie show that the content of the book is based on facts, written in public interest and it could also justify its statement.“it appears that the plaintiff has a prima facie case to go for trial but the balance of convenience and inconvenience does not support the case of the plaintiff as because the defendant has come up before the court and claim to justify the statements and also claims that the said statements in the book are fair comments and are matter of public importance. Moreover the defendant could prima facie show that the said publication of the book is informative and based on facts and made to public interest.”The Court observed that it is settled law that no interim injunction can be granted in the event the defendants claim justification, as was held in the recent Supreme Court ruling of Bloomberg Televisions Production Services India Private Limited v. Zee Entertainment Enterprises Ltd..In this defamation suit, Electrosteel Casting Limited (ESL) had sought an injunction, a public apology and ₹50 crore in damages from Pan Macmillan and Subramanian. It was alleged that a chapter in the book contained false, malicious and defamatory statements regarding ESL and unscrupulous practices of its directors Umang and Mayank Kejriwal. The Court had granted the interim injunction to ESL in July 2024, restraining circulation and publication of any further copies of the book. The same has been vacated by this order. .The Court opined that the defence of truth is made out and observed that the information contained in the book was backed by credible sources.“On this score as in a case of defamation a vital point of defence is truth and in this case as it prima facie appears that the facts stated in the said book is informative and is backed by the resources of news and reputed business journals,” the order stated. It was also observed that the facts contained in the book had already been circulating in the public domain since 2015. “The facts have been widely reported by ESL’s own stock exchange and in the report of government bodies such as the insolvency and bankruptcy board of India and ministry of finance and news report."The Court observed that the book has already been widespread circulation and so the order of injunction will be ineffective and infructuous.“If at all the book reveals and caused defamation then the damage has already been caused and there is no change in circumstances that have been agitated in the plaint that has caused damages to the reputation of the plaintiff for which the plaintiff has filed this suit after so long of its publication,” the Court observed. .Advocates Satyajit Sarna, Sudev Singh Juneja and Shahrukh Raja represented Pan Macmillan India and Subramanian.Senior Advocate Anirban Ray appeared for ESL..[Read Order]