‘Botched’ Surgery: US woman told not to ‘defame’ Chandigarh dentist on electronic media
Chandigarh, May 29
The court of Parmod Kumar, Civil Judge (Junior Division), has restrained Gertrude D’Souza, a resident of USA, from publishing any defamatory substance on electronic media platform regarding city-based dentist Dr Mohit Dhawan.
The court passed the order after Harlove Singh Rajput, the counsel for Dhawan, pressed for ad-interim injunction that the defendant be restrained from publishing any defamatory substance in media.
He argued that the defendant had been trying to conduct a trial by media even before the matter was adjudicated by the court and publishing defamatory videos on various electronic media platforms without any authority to do the same as the matter is sub judice.
In the suit for damages, Dhawan alleged that the defendant had been actively posting defamatory and libellous videos against the plaintiff on the social media, electronic media and other media, including newspapers, which were being read and seen by a substantial portion of public. He filed the suit seeking decree for damages for defamation and libel with consequential relief for permanent injunction.
Dhawan claimed that the woman first got herself successfully operated from him and instead of making the complete payment, sent a complaint to some police and CBI officials from her husband’s email account. She alleged a botched implant surgery, which had to be corrected and completed by another implantologist.
He stated that there was no mention of forgery or any offence of cheating or forgery.
The defendant simply wanted the refund on the pretext of botched implant surgery without any expert opinion and till date has not submitted even a single document to corroborate her claim.
The matters/complaints from both defendant and plaintiff are pending in various courts of law.
He said while the matters were pending adjudication in various courts of law, the defendant again published a video on Twitter, a social media platform, electronic media and other mediums. He alleged that in the video, the defendant analysed the case, which was pending before the courts of law, and made several scathing and defamatory remarks with a view to tarnish the reputation of the plaintiff as well as to cause prejudice to a fair and reasonable trial and to interfere in the administration of justice.
On the other hand, the defendant’ counsel submitted that no specific substance, which was defamatory, had been explained by the plaintiff. Therefore, no injunction at this stage should be granted, the counsel added.
After hearing of the arguments, the court observed that it would be in the fitness of things to restrain the defendant from publishing any defamatory substance on electronic media platform. Accordingly, a request for ad-interim injunction made by the plaintiff stood allowed. The matter was adjourned to July 19 for filing of written statement and reply to the injunction application.
“Till further orders, the defendants are restrained from publishing any defamatory substance against the plaintiff on any electronic media platform,” the court added. — TNS
Dr Dhawan files suit for damages
In a suit for damages, city-based dentist Dr Mohit Dhawan alleged that the defendant, Gertrude D’Souza of the US, has been actively posting defamatory and libellous videos against him on the social media, electronic media and other media, including newspapers, which were being read and seen by a substantial portion of public. He filed the suit seeking decree for damages for defamation and libel with consequential relief for permanent injunction.
