The Delhi High Court permitted IRS officer Sameer Wankhede to move his defamation lawsuit against a Netflix show to a Mumbai court, citing a lack of territorial jurisdiction. The suit alleges defamatory portrayal related to the Aryan Khan case.
The Delhi High Court has permitted IRS officer Sameer Wankhede to take his defamation lawsuit against a Netflix show referencing the Aryan Khan case to a Mumbai court, after holding that the national capital court lacks territorial jurisdiction.
The matter came up before Justice Vikas Mahajan, who allowed Wankhede's application seeking liberty to present his plaint before a competent court in Mumbai. The court asked the parties to appear before the Mumbai court on February 12, when Wankhede proposes to institute the suit.
Case Transfer Formalized
During the hearing, counsel for Wankhede informed the court about the January 29 ruling of Justice Purushaindra Kumar Kaurav, by which the plaint had been returned under the Civil Procedure Code, granting him permission to approach the appropriate forum.
Acting on that liberty, Wankhede moved an application under Order VII Rule 10A CPC to facilitate the transfer of the case to Mumbai. Allowing the request, the court observed that procedural requirements had been met and formally cleared the way for the suit to be pursued before the City Civil Court.
Basis of Defamation Suit
Wankhede had approached the Delhi High Court alleging that a character shown in Episode 1 of the Netflix series 'The Ba***ds of Bollywood', produced by Red Chillies Entertainment and streamed on Netflix was a thinly veiled and defamatory portrayal of him. The series is linked to events surrounding the Aryan Khan drugs case.
He sought directions for removal or restraint on certain scenes, contending that the depiction damaged his reputation and dignity. According to Wankhede, the character's appearance, conduct, and mannerisms bore an unmistakable resemblance to him and had been widely identified as such in media reports.
Jurisdictional Challenge
The defendants, however, raised a preliminary objection on territorial jurisdiction, arguing that the suit ought to have been filed in Mumbai since Wankhede resides there and Red Chillies Entertainment's registered office is also located in the city. They further maintained that the series is a fictional and satirical work and does not recreate the Cordelia cruise raid.
Accepting these submissions, Justice Kaurav had earlier ruled that the Delhi High Court could not entertain the suit and ordered the plaint to be returned. With Monday's order, that decision has now been procedurally operationalised, enabling Wankhede to continue his legal challenge in Mumbai. (ANI)
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