FACTS- The Plaintiff is a businessman having a general shop and a food truck and whose area of business is within the locality.
The defendant is also a businessman having a food truck and running his business nearby the plaintiff’s business.
In a business fair on 13/06/2021 where an event was going on, the defendant publicly accused the plaintiff of selling adulterated food items
The speech said by the defendant was heard by many people which is approximately around 250 which included many locals.
IN THE COURT OF CIVIL JUDGE SENIOR DIVISION ROURKELA
Suit No. 1856
Ajit Kumar son of Brajraj Kumar, aged about 23 years,
Basanti Nagar, Rourkela, Sundargarh, Odisha……………………………… Plaintiff
Vs.
Kirti Ranjan son of Kishor Ranjan, aged about 22 years,
Chhend Colony, Rourkela, Sundargarh, Odisha…………………………….. Defendant
Plaint under Order 7 Rule 1 for compensation for Defamation
The plaintiff respectfully states as follows-
(1) The defendant publicly accused the plaintiff of selling adulterated food items, expired food items, and selling them at an inflated price which has caused immense harm to the reputation of the plaintiff. The present suit is meant for compensation for the harm done to the plaintiff’s reputation.
Matters of Inducement-
(2) Plaintiff is a businessman having a general store and a food truck in the same location at Basanti nagar, Rourkela, Sundargarh, Odisha.
(3) Defendant is a businessman owning a food truck at the same location as of the plaintiff.
Facts constituting cause of action-
(4) In a business fair on 13/06/2021 where an event was going on, the defendant publicly accused the plaintiff of selling adulterated food items. A recording of which has been attached with this petition.
(5) The speech said by the defendant was heard by many people which is approximately around 250 which included many locals.
(6) The said speech has caused the plaintiff a loss of reputation and loss of business as well as mental agony.
(7) The plaintiff denies that he sells adulterated food items and claims that the statement made by the defendant was completely baseless.
Jurisdiction-
(8) The business fair event where the defamatory statement was made by the defendant happened at Basanti nagar, which is under this court’s jurisdiction.
(9) The plaintiff claims, on account of business loss as well as reputation and mental agony an amount of Rs. 100000/- which is under this court’s jurisdiction.
Relief claimed-
(10) The plaintiff prays that the court be pleased to order the respondent to pay sum of Rs. 100000/- on account of loss of business because of his baseless and false speech. The plaintiff prays that the respondent be ordered to pay compensation for mental harassment and cost of this litigation.
Place: Basanti Nagar, Rourkela, Sundargarh , Odisha signature: Ajit Kumar
Date: 21/06/2021 Advocate: Dibya
Verification
I, Ajit Kumar hereby verify that the contents from para 1 to 10 are correct and true to my knowledge and personal belief and no part of it is false and nothing material has been concealed therein. Affirmed at Rourkela this 21st of June 2021.
Signature: Ajit Kumar.
(Plaintiff)
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