Decide issue of jurisdiction first: HC sets aside trial court order

NT Correspondent

Bengaluru: The High Court of Karnataka has directed a trial court to consider the issue of jurisdiction before passing a restraining order against a French citizen.

The LVIII Additional City Civil and Sessions Judge, Bengaluru had passed an order on February 17, 2022 restraining Arnaud Descamps, a resident of Levallois-Perret, France, from making any statement, remarks or imputations against Onmobile Global Limited, a company from Electronics City, Bengaluru on any social media, public forum or before any other entities before the disposal of the suit.

The Company had filed a defamation suit against its former employee. Approaching the HC against the lower court's restraining order, Descamps contended that “the defamation action can only be initiated either where the defendant resides (France) or where the defamatory statement is published.”

His petition had said that “even if it is presumed that the statements made by the defendant to Karvy and ESOP Direct were defamatory, the place of publication could either considered to be France or places where the aforesaid entities i.e., Karvy (situated in Mumbai, Maharashtra) and ESOP Direct (situated in Pune, Maharashtra) have their offices.”

Accepting this contention, the HC said that “the Trial Court has discussed with regard to the defamatory imputations, failed to consider the issue which is raised before the Court with regard to the jurisdiction is concerned which is a fundamental issue raised before the Trial Court as whether the Court as got jurisdiction to entertain the suit.”

The Company in its suit before the lower court had said that Descamps was employed with the Company between 2007 and 2013. He was terminated on April 12, 2013. He filed a case before the Labour Court in Paris against the Company which had restrained him from exercising his Employee Stock Option Plan.

This was dismissed in 2018. The Company alleged that Descamps made false complaints against it before the Ministry of Corporate Affairs and filed several complaints before SEBI, MCA and Karvy Investor Service Limited with malafide intention.

Therefore it had filed the defamatory suit against him seeking apology and withdrawing of all the complaints before the various authorities.(MFA 4019/2022)