Delhi High Court Allows Sameer Wankhede To Approach Mumbai Court To File Defamation Suit Against 'Ba***ds of Bollywood'

The Delhi High Court on Tuesday allowed IRS officer Sameer Wankhede to approach the City Civil & Sessions Court, Dindoshi, Mumbai to file a suit over his allegedly defamatory portrayal in the Netflix series “Ba***ds of Bollywood” directed by Aryan Khan.

Justice Vikas Mahajan allowed Wankhede's application seeking liberty in terms of a recent ruling refusing to entertain his defamation suit here on grounds of jurisdiction and returning the plaint to him in order to approach the court of competent jurisdiction.

For context, in the judgment passed on January 29, Wankhede was granted liberty to make an application and avail appropriate directions under Order VII Rule 10A of the CPC.

Advocate Kunal Vats representing Wankhede told Court that the IRS Officer proposes to file the plaint before the City Civil & Sessions Court, Dindoshi, Mumbai.

The counsel appearing for the defendants, including Red Chillies Entertainment and Netflix, raised no objection to the application being allowed.

Noting the same, the Court ordered:

“In view of the above, the application is allowed. Let the parties appear before the City Civil & Sessions Court, Dindoshi, Mumbai on February 12 on which the plaintiff (Wankhede) proposes to present the plaint.”

The Court clarified that today's order shall be deemed to be treated as summons to the defendants and no separate notice shall be given to them by the City Civil & Sessions Court, Dindoshi, Mumbai.

While rejecting Wankhede's suit, Justice Kaurav had held that the Delhi High Court lacked territorial jurisdiction to entertain the plea.

It was also held that an online defamation suit is maintainable only before a court within whose jurisdiction the defendant is located or where the reputational harm has occurred.

The suit sought permanent and mandatory injunction against the production house and others, against the allegedly “false, malicious, and defamatory video” broadcasted in the series.

It was Wankhede's case that the Netflix series has been “deliberately conceptualised and executed” with the intent to malign his reputation in a “colourable and prejudicial manner”, especially when the case involving him and Aryan khan is pending and sub-judice before the Bombay High Court and the NDPS Special Court.

It was also averred that the series depicts a character making an “obscene gesture”, specifically, “showing a middle finger” after the character recites the slogan “Satyamev Jayate.”

Case Title: SAMEER DNYANDEV WANKHEDE v. RED CHILLIES ENTERTAINMENTS PVT. LTD. & ORS