IN THE COURT OF LD.

PRINCIPAL DISTRICT JUDGE

SRINAGAR DISTRICT COURTS,
SRINAGAR
CS No. of 2024

IN THE MATTER OF:

FIL INDUSTRIES PVT. LTD … PLAINTIFF

VERSUS

FAISAL FAYAZ AND ANR … DEFENDANTS

INDEX

S.No. PARTICULARS PAGE No.

1. SUIT FOR DAMAGES ON ACCOUNT OF

VARIOUS FALSE AND DEFAMATORY,
MALICIOUS AND UNSUBSTANTIATED POSTS
AGAINST THE PLAINTIFF WITH THE
INTENTION TO MALIGN ITS REPUTATION
AND MANDATORY & PERMANENT
INJUNCTION TO PROHIBIT PUBLICATION /
RE-PUBLICATION / SHARING OF ANY
FURTHER MATERIAL OF SIMILAR NATURE
AGAINST THE PLAINTIFF.
2. LIST OF DOCUMENTS.

3. ADDRESS FORM

4. APPLICATION ON BEHALF OF THE PLAINTIFF

FOR AD-INTERIM EX-PARTE RELIEF UNDER
ORDER 39 RULE 1&2 READ WITH SECTION
151 OF THE CODE OF CIVIL PROCEDURE,
1908 ALONG WITH SUPPORTING AFFIDAVIT.
5. VAKALATNAMA

FILED THROUGH:

Malik and Romaan Law Offices

(Advocates & Solicitors)
(Counsels for the Plaintiff)
3rd Floor, The Resident Hotel, Sonawar Bagh
Srinagar- 190 004
Contact: 6006515193
E.mail: malikandromaan@gmail.com
 IN THE COURT OF LD. PRINCIPAL DISTRICT JUDGE
SRINAGAR DISTRICT COURTS,
SRINAGAR
CS No. of 2024

IN THE MATTER OF:

1) FIL INDUSTRIES PVT. LTD.

THROUGH ITS AR
KOHINOOR HOUSE,
7/1 SHEIKHBAGH,
SRINAGAR … PLAINTIFF

VERSUS

1) FAISAL FAYAZ
S/O FAYAZ AHMAD NAIK,
PRANIGAM, HILAR SHAH ABAD,
NEAR MASJID SHAREEF
ANANTNAG DOORU
JAMMU AND KASHMIR
192211 … DEFENDANT NO.1

2) LINKEDIN TECHNOLOGY INFORMATION PVT. LTD.

TOWER A, GLOBAL TECHNOLOGY PARK
BANGALORE 560103 … DEFENDANT NO. 2

ALSO AT

LINKEDIN TECHNOLOGY INFORMATION

16A/20, WEA MAIN AJMAL KHAN ROAD
KAROL BAGH ,
NEW DELHI, DELHI,
INDIA - 110005.

SUIT FOR DAMAGES ON ACCOUNT OF VARIOUS FALSE AND

DEFAMATORY, MALICIOUS AND UNSUBSTANTIATED POSTS
AGAINST THE PLAINTIFF WITH THE INTENTION TO MALIGN ITS
REPUTATION AND MANDATORY & PERMANENT INJUNCTION TO
PROHIBIT PUBLICATION / RE-PUBLICATION / SHARING OF ANY
FURTHER MATERIAL OF SIMILAR NATURE AGAINST THE
PLAINTIFF.

MOST RESPECTFULLY SHOWETH:

1) That the Plaintiff is FIL Industries Pvt. Ltd. (hereinafter being referred as

“Plaintiff”), which is being represented through its Authorized

Representative. Plaintiff is a diversified business enterprise committed

to creating an impact holistically across agriculture, food & beverage,

travel, and health —the cornerstones of every individual's existence.

Plaintiff’s roots in agriculture reflect its commitment to bringing global

excellence to India. Plaintiff’s portfolio spans innovative agri-input

solutions, 100% natural fruit concentrate, functional drinks & ready to

serve beverages, packaged drinking water, post-harvest management

advisory and storage facilities, sustainable mobility through aerial

ropeways & tourism infrastructure, geriatric care, and global trade. Over

the years, Plaintiff has evolved as a facilitator of empowerment,

innovation, sustainability, and inclusive growth. Plaintiff started its

business in the year 1989 and has been a market leader since then.

2) The Plaintiff is also Udyam registered MSME with its of incorporation

going back to the year 1989. The Plaintiff has been in the business of

manufacturing of chemical products, preparation of agricultural

fertilizers and other Agri-allied products.

3) The Plaintiff is a registered company under the Companies Act with its

registered office at Bari Brahmana, Jammu, Jammu and Kashmir. In

the past 3 decades plaintiff has developed a comprehensive and

dependable range of crop protection chemicals from plant preservation

products to growth nutrients, that have assisted millions of farmers with

their annual yield and hence is considered as one of the most trusted

and reputed company of India.

4) The immense reputation and goodwill of Plaintiff can be gauged from the

fact that it has been awarded with the “Company Of The Year” in the

“Agricultural Input and Non-Farm Sector” at CNBC and ICICI Bank

 Emerging India awards 2012. That in addition to the above Plaintiff also

holds numerous ISO certificates for quality, regulatory and

manufacturing standards maintained by it.

5) The Defendant no.1 is Faisal Fayaz Petitioner, who claims to be a holder

of Bachelor's degree in Horticulture (2015-2019) SKUAST-K, Sopore

campus and a Master's degree in Plant Physiology (2019-2022) SKUAST-

K Shalimar, started working as a Junior Technical Farm Manager for a

company named Filaval Nurseries Private Limited from 16.10.2022.

6) Defendant no. 2 claims to be the world's largest professional networking

platform, connecting millions of professionals globally. It offers valuable

resources for job seekers, businesses, and thought leaders, empowering

them to grow and succeed. Users can share insights to be read,

commented and shared by millions of users across the globe.

7) The brief facts pertaining to the filling of present suit are as follows:

8) That the Defendant No. 1 started its campaign to defame the Plaintiff,

in the year 2023, wherein the Defendant went on to its LinkedIn to write

about post entry quarantine of planting material and probable diseases

that can harm the local eco system if such plants are not put in

quarantine before introducing them into the environment. The

Defendant No. 1 on 06.08.2023 posted on LinkedIn, the URL link of

which is;

“https://www.linkedin.com/posts/fasil-fayaz-293829220_orchard-
horticulture-agriculture-activity-7093986237430083585-
OFPF/?utm_source=share&utm_medium=member_ios”

The relevant excerpt of the said LinkedIn post made by the Defendant

No. 1 is reproduced herein below for the ready reference of this Hon’ble

court.
 “Post-entry quarantine of planting material is of utmost importance for
several reasons:
Disease prevention: Planting material may carry various pathogens,
pests, and diseases that can harm the local ecosystem and other crops.
Quarantine helps to identify and mitigate potential risks before
introducing them into the environment.

Biosecurity: Post-entry quarantine ensures that invasive species or pests

do not enter new areas, preventing the spread of harmful organisms that
can disrupt native flora and fauna.

Crop protection: By subjecting planting material to quarantine, any latent

infections or diseases can be detected and treated, safeguarding the
health of the crops and preventing widespread outbreaks.

Genetic integrity: Quarantine procedures can prevent cross-contamination

and maintain the genetic purity of valuable plant varieties, ensuring
consistent and desirable traits.

Regulatory compliance: Many countries and regions have strict import

regulations for planting material to maintain agricultural health and
safety. Post-entry quarantine helps meet these requirements.

Industry sustainability: Protecting crops from new pests and diseases can
safeguard agricultural productivity and long-term sustainability,
benefiting farmers and the industry as a whole.

Risk assessment: Quarantine allows for careful evaluation of potential

risks associated with introducing new plant materials, aiding in informed
decision-making.

In conclusion, post-entry quarantine is a crucial practice to safeguard

agriculture, protect ecosystems, and promote sustainable plant health
management. It helps mitigate risks, maintain genetic diversity, and
ensure the long-term viability of agricultural systems.

But during the past decade I have noticed that some of the companies
dealing with high density apple plantation in our country have been
bypassing Post entry quarantine and providing a perfect environment for
a disaster that will surely lead to huge loss of State GDP of Jammu and
Kashmir anytime soon.
Already there are reports of pests and diseases that are showing huge
resistance to conventional practices. The plant protection costs have been
rising at alarming rate in our state due to increase in number of Sprays
per season.
The greediness of earning easy money from some companies will surely
ruin the fortune of thousands.
#orchard #horticulture #agriculture #apples #kashmir”

9) That on 06.03.2024 the Defendant went again on the Defendants no. 2

platform to further write about the issues that may surface in Jammu

and Kashmir on account of violation of law and policies in importing

foreign samplings to Kashmir. In the said post it was for the first time

that the defendant No. 1 tried to portray before the users that the illegal
 exercise and floating of procedure is being potentially bad by companies

indulged in such business and also indicated that the concerned

departments priorities lead towards corporate interests rather than the

interests of the farmers. the URL link of which is;

“https://www.linkedin.com/posts/fasil-fayaz-293829220_horticulture-
department-on-high-alert-apple-activity-7170875724105539584-
8G4k/?utm_source=share&utm_medium=member_ios”

The relevant excerpt of the said LinkedIn post made by the Defendant

No. 1 is reproduced herein below for the ready reference of this Hon’ble

court.

“While the Nursery Owners in Kashmir are reaping substantial

investments, our Horticulture sector faces significant challenges in
comparison to neighboring apple-growing states. Regrettably, the silence
and perceived inaction of our department have contributed to the
proliferation of diseases and pests, tarnishing Kashmir's reputation as a
bastion of agricultural excellence. Instances of leaf miner and centipede
attacks, among other issues, have surfaced, with some companies
potentially playing a role. However, it appears that the department's
priorities may lean more towards corporate interests rather than the
welfare of farmers. If left unaddressed, this pattern risks perpetuating a
cycle of disease and pest outbreaks, necessitating public apologies from
the department to the farming community in the future. It is imperative for
the department to shift its focus towards proactive measures that
prioritize sustainable agricultural practices and the well-being of local
farmers, fostering transparency and accountability in its approach.
#PlantEntryQuarantine #HorticultureHub #AgriTech #PlantPathologist
#FarmersNetwork #GreenThumbCommunity
#AgriQuarantineProcedures

https://lnkd.in/gDFKntib

https://lnkd.in/gGG8aFH8”

10) That on 13.04.2024 the Defendant went again on the Defendants no. 2

platform to write about the issue of indigenous companies in Cahoots

with foreign entities threatening horticulture sector. That in the said

post Defendant No. 1 aimed to telecast a message to the general public

that the indigenous companies in cahoots with foreign entities are

flouting rules and regulations for their commercial gains and allowing

the entry of potentially harmful plant species causing significant threat

local flora and fauna. That the Defendant towards the end of its post

tagged the Plaintiff along with other similarly situated companies to

leave an impression in the minds of the readers that the tagged

companies are involved in the commission of the alleged illegalities as

was being claimed by the Defendant No. 1. the URL link of which is;

“https://www.linkedin.com/posts/fasil-fayaz-293829220_the-threat-
within-indigenous-companies-in-activity-7184776641523453952-
99v6/?utm_source=share&utm_medium=member_ios ”

The relevant excerpt of the said LinkedIn post made by the Defendant

No. 1 is reproduced herein below for the ready reference of this Hon’ble

court.

“The Threat Within: Indigenous Companies in Cahoots with Foreign

Entities Threatening Horticulture Sector

In recent years, the horticulture sector has witnessed a concerning

trend – the collaboration between indigenous companies and foreign
entities purportedly aimed at transforming the industry, while
clandestinely jeopardizing its integrity. Despite claims of revitalization
and development, these collaborations often conceal ulterior motives,
including circumventing regulations, importing plants through dubious
channels, and establishing plantations in ecologically sensitive areas.

One alarming aspect of this phenomenon is the lack of proper

registrations. Indigenous companies, in collusion with foreign partners,
operate under the guise of legitimate ventures, but their activities often
lack the necessary regulatory approvals. By sidestepping registration
processes, they evade scrutiny and accountability, thereby
compromising the industry's standards and integrity.

Another grave concern is the unauthorized importation of plants.

Instead of adhering to established protocols, these partnerships exploit
legal loopholes by obtaining third-party import permits. Such permits
bypass stringent checks and balances, facilitating the entry of
potentially harmful plant species into the country. This reckless practice
not only undermines biosecurity measures but also poses a significant
threat to local flora and fauna.

Furthermore, the establishment of plantations outside designated

quarantine areas exacerbates the risk of introducing pests and diseases.
By conducting operations in the heart of valleys and other ecologically
sensitive regions, these entities endanger native plant species and
disrupt fragile ecosystems. Such irresponsible actions not only
jeopardize the horticulture sector's sustainability but also endanger the
livelihoods of communities dependent on agriculture.
 Addressing this multifaceted challenge requires a concerted effort from
both governmental and non-governmental stakeholders. Regulatory
bodies must enhance oversight mechanisms to prevent the exploitation
of regulatory gaps and ensure compliance with industry standards.
Additionally, public awareness campaigns can empower local
communities to identify and report suspicious activities, thereby
safeguarding the integrity of the horticulture sector.

In conclusion, the collaboration between indigenous companies and

foreign entities poses a grave threat to the horticulture sector. Despite
their professed intentions of transformation and development, these
partnerships undermine regulatory frameworks, compromise
biosecurity measures, and jeopardize ecological sustainability. Urgent
action is needed to expose and mitigate these nefarious activities before
irreparable harm is inflicted on the industry and the environment.
QUL (Farm2u/Root2Fruit/Fruitwall/Ruvaan) FIL Industries Kashmir
Developers HN Agri Serve Pvt. Ltd. SKUAST-K skuast jammu Bayer
Orchardly® DALIVAL IFO”

11) That on 23.08.2024 Defendant No. 1 took on Plaintiff in another

defamatory post on Defendant No. 2’s website wherein the Defendant

No. 1 while tagging the Plaintiff in the said post went on to write that it

is the Plaintiff and similar companies which are involved in HDP

orchards have already brought “GLOMERELLA LEAF SPOT (GLS) ➡

disease of South American origin, first reported in Brazil in 1983.” To

Kashmir. In the said post the Defendant No. 1 also contended that the

companies should be made to pay for such damages. The Defendant No.

1 further alleged that due to situation created by the Plaintiff and

similarly situated companies the neighboring states have banned

planting materials from Jammu and Kashmir flouting quarantine

procedures. The URL link of which is;

“https://www.linkedin.com/posts/fasil-fayaz-293829220_glomerella-
leaf-spot-gls-malattia-di-activity-7232643457729581057-
HBKm/?utm_source=share&utm_medium=member_ios”

The relevant excerpt of the said LinkedIn post made by the Defendant

No. 1 is reproduced herein below for the ready reference of this Hon’ble

court.
 “I am sure our companies involved in HDP orchard development have
made it sure that this disease is already in Kashmir, thanks to corrupt
and defung Post entry Quarantine procedures in place which lead to
introduction of apple leaf miner into our ecosystem.The time has come to
abolish the companies responsible and make them pay for it.
These companies have made the situation so much worse that our
neighbouring states have started banning our planting material stating
our incapable Quarantine procedures.
Dev Bhardwaj KHAN MUKHTAR Nomaan Khilji BigHaat India Subhiksha
Trading Services Limited Adityabirla Group Agrify Fresh Izhan Javeed
Sharik Shafi Shivjit Zende Riaz Ahmad Mayur Salunkhe Meer Sohaib
Nafee Amin ASIA FRUIT LOGISTICA QUL
(Farm2u/Root2Fruit/Fruitwall/Ruvaan) Fruit Master Agro Fresh Pvt. Ltd.
Godrej Agrovet Limited Ehsan Quddusi Devansh Lakhani - Angel Investor
zahoor shah VEGROW Rohit Nagdewani Sunil Khairnar Aleksandr
Pakhno FIL Industries DALIVAL IFO Khuram Mir

12) That on 29.11.2024 Defendant No. 1 crossed all limits in defaming the

Plaintiff before the million of users on social media platform harming

the reputation of Plaintiff by baselessly making allegations against the

Plaintiff that it has flouted the norms and has supported QUL (a French

company) in importing plants to Kashmir without following the due

process of law. The Defendant No. 1 further alleged that the Plaintiff as

selfish and alleged it to ruin the backbone of the UT by performing

foolish activities in the name of business. The URL link of which is;

“https://www.linkedin.com/posts/fasil-fayaz-293829220_not-long-
ago-a-foreign-disease-leaf-miner-activity-7268282753622654977-
pvhH/?utm_source=share&utm_medium=member_ios”

The relevant excerpt of the said LinkedIn post made by the Defendant

No. 1 is reproduced herein below for the ready reference of this Hon’ble

court.

"Not long ago a foreign Disease (leaf miner) was introduced to our
Horticulture sector and nobody was held responsible for that.
When someone brings the illegal plantations in the notice of the
department of agriculture, he is told to go to the Police and register an FIR
for that as these things are not their problem.
Let's take a live example of imports of apple rootstock and plants done in
march 2024 by QUL (Farm2u/Root2Fruit/Fruitwall/Ruvaan) for well
known company FIL Industries from France where supposed to be
planted in PEQ located in Poonch but thanks to our system about 40% of
the import was directly planted at Anantnag and neither department nor
the companies seem to be having an issue in that.
 My simple question to FIL Industries , QUL
(Farm2u/Root2Fruit/Fruitwall/Ruvaan) and DALIVAL IFO is how selfish
must you be to ruin the backbone of the State and perform such foolish
activities in the name of business?
Can you provide the clearance documents of the plants planted at
Anantnag?
The Department of agriculture needs to rethink what their actions have
led us to.
Bhartiya Janta Party (BJP) Sanjeev Khajuria VINOD GANJOO Yadvinder
Sason Sher-e-Kashmir University of Agricultural Sciences and Technology
of Kashmir (SKUAST-K) Prime Ministers Office Narendra Modi Ministry of
Agriculture & Farmers Welfare, Government of India Indo Dutch
Horticulture Technologies Nursery Nischler Griba
Baumschulgenossenschaft - Cooperativa Vivai- nursery”

13) That the Defendant No. 1 did not stop on posting but rather went ahead

in verbal spat with people who had the idea of the reputation of the

plaintiff company and were suggesting to the Defendant No. 1 that loose

allegations against one company shall not be made. The Defendant in

order to further defame the Plaintiff and to prove its unsubstantial

claims further defamed the Plaintiff in the comments. The relevant

comments made on the post above have been reproduced in the

tabulated form for the ready reference of this Hon’ble court

Name Comment

Aasif Rather And presently in kashmir hundreds of the companies are importing the planting
material directly from foreign countries without having any quarantine facility.
Doctor of
Philosophy ( As far as the leaf miner is concerned it was first reported in North Kashmir in about
Vegetable 2022. So you can't correlate a particular pest with a particular company.
Science)

Aasif Rather That is great to hear that everyone knows there are no quarantine
facilities. And it was reported in shopian not in north kshmir. We need to be good
Fasil Fayaz at facts as agriculture students atleast.

2022 is 3 years before and as per your previous claim leaf miner was always
present here.

And Qul FRUiTS QUL (Farm2u/Root2Fruit/Fruitwall/Ruvaan) have been

importing material for department amd other companies from last 12 years now,
so we can correlate that and also the cherry plantations in shalimar and centipede
attacks in that village.

Its better to put personal conflicts away and start fighting for our backbone

Fasil Fayaz yes that what I am saying keep ur conflicts at bay for a particular
company and try to focus on economic development of our farmers.
Aasif Rather

Doctor of
Philosophy (
Vegetable
Science)

Fasil Fayaz
Aasif Rather I am not able to understand me raising a concern about the
department of agriculture, FIL industries, Qul group and all other companies being
driven by a conflict with a particular company, but you defending one of them is
not a conflict of interest.
Furthermore more I would like people like us ( agriculture students and scholars)
be loyal to our sector and farming community rather than puppets of companies
like FIL industries and others.
If you or the company can prove that this plantation is legal and passed the
quarantine period, I will come forward to support the same leaving my so called
conflict at a side.

Aasif Rather Fasil Fayaz nobody here is to defend a particular company, it seems that presenting
something for personal gains to highlight what we have adopted. I think we are all
Doctor of responsible for adopting HDP, as far as ur argument is concerned.
Philosophy (
Vegetable
Science)

Fasil Fayaz Aasif Rather So as per your opinion, we are responsible for this illegal plantation
and all illegal activities of these companies as we have an hdp apple orchard of our
own.
Then I am doing my duty now and maybe you need to perform yours

2 Aasif But leaf miner was present here way before that..
Rather

Doctor of
Philosophy (
Vegetable
Science)

Fasil Fayaz Aasif Rather what made them into virulent strains, what made us go from 7 spray
per season to 14 sprays per season.
And let us assume leaf miner was present here, what about quarantine less
plantation in your neighborhood, aren't you concerned about that.

Fasil Fayaz That's why I always say this whole system is corrupted.From
government officials , University professors to PhD scholars. All are defending
Mohamin some unlawful practice in one or another wayfor their personal gains.
Sahil Bin
Ameen
Fasil Fayaz Mohamin Sahil Bin Ameen There is always a spark needed to burn the forest, we
need to make sure this spark is protected until it becomes a flame

14) That on 02.12.2024 Defendant No. 1 after harming the reputation of

the Plaintiff over 12 months on alleged unsubstantial contentions by

making defamatory posts but on 02.12.2024, the Defendant No. 1 went

on to engineer facts and events which had not taken place. Because of

the fact that these posts being made by Defendant No. 1 on Defendant

No. 2’s website go unchecked and unregulated, giving the Defendant No.

1 liberty to write any concocted story against any person natural or

juristic person. The imaginary and concocted story of Defendant No. 1

that it had come to the Srinagar office of the Plaintiff and that his phone

was snatched, which had some audio recordings pertaining to the said

meeting is nothing but baseless and blatant lies being made by the

Defendant No. 1 in order to settle scores with the Plaintiff and further

to extort monies on the pretext of defaming the Plaintiff. The URL link

of which is;

“https://www.linkedin.com/posts/fasil-fayaz-293829220_horticulture-
india-agriculture-activity-7269328946024853504-
yHaa/?utm_source=share&utm_medium=member_ios”

The relevant excerpt of the said LinkedIn post made by the Defendant

No. 1 is reproduced herein below for the ready reference of this Hon’ble

court.

"I am sharing some bits of a 5-hour conversation after my phone was

snatched (long story), just before a meeting with Qul FRUiTS , FIL
Industries , and the QUL (Farm2u/Root2Fruit/Fruitwall/Ruvaan) at their
Srinagar office.

Apparently, these folks think quarantine policies after plant imports are
"nonsense." They seriously believe Europe is some pest-free paradise with
no European Red Mites (spoiler: it’s not). They also think that if the
Department of Agriculture isn't perfect, they have free rein to do whatever
 they want. Oh, and they seem to think Europe is superior and that we
should gladly sign up for a second round of colonization—this time
through agricultural imports.

Then there's this juicy bit: plantations they've done at Sher-e-Kashmir

University of Agricultural Sciences and Technology of Kashmir (SKUAST-
K) are apparently skipping quarantine too. And to top it off, some
professors at SKUAST-K don’t seem too bothered about the Ministry of
Agriculture & Farmers Welfare, Government of India regulations.

I’d share the whole audio, but trust me, it’s too wild for the public right
now.

Here’s the serious bit: I hope the Prime Minister’s Office, the Ministry of
Agriculture, and other authorities take a close look at this before we end
up facing what could become "agricultural bio-terrorism." And I’d urge
Reyazul Mir and SKUAST-K to investigate these claims, because we
cannot let our top-ranked agricultural university and researchers get
tangled in something so shady.
#horticulture #india
#agriculture #import
#scam #kashmir #apple “

15) The Plaintiff say and submit that the contents of the Impugned

LinkedIn posts, comments and other ancillary reports have neither any

connection whatsoever, nor support any allegations raised in the posts.

The said allegations are per-se false and defamatory and seek to damage

the honesty and integrity of the Plaintiff and its reputation. The Plaintiff

says and submits that, apart from the posts being defamatory per-se of

the Plaintiff, the meaning conveyed and intended to be conveyed by the

impugned posts and the impression created thereby of the Plaintiff will

develop feelings of untrust and ridicule.

16) The Plaintiff's moral and professional status and sales has been

inevitably affected by the impugned posts more so since the Defendant

No.1 is actively involved in tarnishing the image of the Plaintiff publicly.

No fact checking has been done by the Defendant No. 1, The entire trail

of posts as well as the comments therein are bogus and fabricated. The

Defendant No .1 has clearly abused the right to freedom of speech and

expression. It appears that the Defendant No. 1 is seeking to gain undue

publicity as the cost of the Plaintiff and his business. The Plaintiff
 therefore submits that, the posts published by the Defendant No. 1 is a

story which is totally cooked up, false and nothing but an figment of

imagination on the part of the Defendant No. 1 and published on the

social media platform of Defendant No. 2. The said allegations have been

made in the said post contents of which are absolutely false, baseless

and defamatory. They have been made willfully, knowingly with ulterior

motive & pre-planned, pre-decided without any regard for the truth.

This has been done without even taking the elementary care to check

the alleged facts. The Plaintiff submits that on each occasions, the

Defendant No. 1 have not bothered to verify or recheck the facts with

the Plaintiff or any lawful authority before publishing the said posts,

with such glaring and misleading captions.

17) The Plaintiff has every reason to believe that the same has been

purposely done without verification of facts to damage the honesty and

integrity of the Plaintiff and its business. The Plaintiff further says and

submits that the posts written by the Defendant No. 1 are only with a

view to tarnish the image of the Plaintiff, and to generate some publicity

for the Defendant No.1 at the cost of the Plaintiff. The Defendant No.1

is a habitual mischief maker and spreading baseless allegations against

the companies to tarnish their image for extorting monies.

18) The Defendant No.1 is well aware of the image of the Plaintiff and his

reputation in the Society. The aforesaid defamatory posts, allegations

and statements are intended to and calculated by the Defendant No. 1

to injure the Plaintiff's reputation and is published with an intention to

disturb the business of the Plaintiff.

19) The Plaintiff is therefore entitled to recover damages to the tune of Rs.

1 Crore from the Defendants, for the harm, loss, injury and damage
 caused to the Plaintiff. Having regard to the Defendants' conduct, the

Plaintiff is entitled to aggravated damages. The Plaintiff submits that, in

light of the facts and circumstances of the case, in addition to damages,

the Plaintiff is entitled to have the Defendants ordered and directed

forthwith to make a public retraction of the allegations and publish an

unqualified apology to the Plaintiff.

20) Interim and ad-interim orders to this effect are also necessary in the

interest of fair-play and justice. The Plaintiff submits that the suit will

be heard after a very long time, and merely a prohibitory injunction

against the Defendants at this stage, will not constitute adequate relief

to the Plaintiff. The Plaintiff submits that in the circumstances, the

Plaintiff is entitled to such public apology from the Defendants

forthwith. In the facts and circumstances of the case, and the glaring

fact that the posts have been published on multiple occasions, the

Plaintiff submit that, it is absolutely just and necessary and in the

interest of justice and equity and for the protection of the Plaintiff and

their reputation that this Hon'ble Court may be pleased to issue a

permanent order and injunction restraining the Defendants, by

themselves, their respective servants and agents or otherwise howsoever

from in any manner, directly or indirectly, posting the said impugned

LinkedIn posts or any other article on the said alleged incident or any

other publication or material which is, in any manner defamatory of the

Plaintiff and/or any of its business.

21) Therefore it is absolutely just and necessary and in the interest of

justice and equity and for the protection of the Plaintiff and his

reputation that this Hon'ble Court may be pleased to issue a permanent

order and injunction restraining the Defendant No.1, in any manner,

 directly or indirectly, posting and or re-publishing any defamatory

content raising false allegations against the Plaintiff and its business.

22) The balance of convenience is entirely in favor of the Plaintiff, and that

grave and irreparable loss, harm and injury will be caused to the Plaintiff

if the Defendants are permitted to post/publish and write such similar

defamatory content. In view thereof the Plaintiff is entitled to ad-interim

and interim reliefs and if the same are not granted the Plaintiff will suffer

grave, harm, injury, loss and prejudice which cannot be compensated

in terms of money. The Plaintiff say and submit that the Defendants are

likely to republish more content based on the same allegations or some

other material defamatory to the Plaintiff and its business.

23) The Defendant Nos. 1 and 2 have shown total dis-regard for truth and

indulged in mere sensationalism without even trying to verify the alleged

facts. The Defendant No. 1 is resident of Srinagar and the Impugned

Defamatory posts have been circulated Srinagar. Therefore, this Hon'ble

Court has jurisdiction to entertain, try and dispose off the suit.

24) The cause of action for the Suit arose on 06.08.2023, 06.03.2024,

23.08.2024, 29.11.2024, 02.12.2024 i.e. the date when the Impugned

defamatory posts were published. The suit is filed within limitation. For

the purpose of Court fees and jurisdiction, the Plaintiff value the subject

matter of the suit at Rs.1,00,00,000/- and has paid the Court The

Plaintiff will rely on documents, a list whereof is hereto annexed.

PRAYER

25) The Plaintiff, therefore, prays:

(a) that each of the Defendants be ordered and decreed to pay to the

Plaintiff a sum of Rs.1,00,00,000/- or such other sum as this Hon'ble

Court may deem, just and proper as and by way of damages;

(b) that the Defendants ordered and directed forthwith to publish a

complete and unqualified apology to the Plaintiff and retraction of the

allegations made in the said Impugned Posts (Exhibit “A” to “…” hereto)

in such form as this Hon'ble Court directs;

(c) for a permanent order and injunction of this Hon'ble Court

restraining the Defendants from in any manner re-publishing the said

Impugned Defamatory Posts (Exhibit “A” and “..” hereto ) or any article

based on the alleged incident or printing, circulating, distributing

and/or publishing any material which is in any manner defamatory of

the Plaintiff in future;

(d) for interim and ad-interim reliefs in terms of prayers (b) to (c)

hereinabove;

(e) for the costs of this Suit; and

(f) for such other and further reliefs as the nature and circumstances

of the case may require.

FILED THROUGH:

Malik and Romaan Law Offices

(Advocates & Solicitors)
(Counsels for the Plaintiff)
3rd Floor, The Resident Hotel, Sonawar Bagh
Srinagar- 190 004
Contact: 6006515193
 IN THE COURT OF LD. PRINCIPAL DISTRICT JUDGE
SRINAGAR DISTRICT COURTS,
SRINAGAR
CS No. of 2024

IN THE MATTER OF:

FIL INDUSTRIES PVT. LTD … PLAINTIFF

VERSUS

FAISAL FAYAZ AND ANR … DEFENDANTS

LIST OF DOCUMENTS FILED AND RELIED BY PLAINTIFF

S.N Particula Docume Original/ Mode of Line of Page

o. rs nt in Photocopy/ Executio Custody Nos.
Power, Print out n/Issuan
Possessi ce of
on, receipt
Control
/
Custody
of
1. Plaintiff Photocopy Plaintiff and
Defendant

2. Photocopy Plaintiff Plaintiff and

Defendant

3. Photocopy Plaintiff Plaintiff and

Defendant

4. Original/ Plaintiff Plaintiff and

Photocopy Defendant

5. Photocopy Plaintiff Plaintiff and

Defendant

4 Photocopy Plaintiff Plaintiff &

6. Defendant

4 Photocopy Plaintiff Plaintiff &

7. Defendant
7. Photocopy Defendan Plaintiff &
t
Defendant

8. Photocopy Plaintiff &

Defendant

9. Photocopy Plaintiff Plaintiff &

Defendant

PLACE:

DATED

PLAINTIFF

Through its Authorized

Representative

Through Counsel,

COUNSEL FOR PLAINTIFF