suit Netflix · Episode 4 of Season 1. with Immediate effect and tender an · unconditional apology online related to the aspersions casted via the Webserles TV show "Hasmukh", and/or

IN THE HIGH COURT OF DELHI AT NEW DELHI

CIVIL ORIGINAL JURISDICTION

CS(OS) NO. OF 2020

IN THE MATTER OF:

Ashutosh Dubey ... Plaintiff Versus

Netflix Inc & Others .... Defendants

S.NO.

1.

2.

3 .

4.

5.

6.

7.

8.

INDEX-1 ..

Format

MASTER INDEX

INDEX- I

PARTICUlARS

Urgent Application

Notice of Motion

Memo of Parties

Suit for permanent Injunction along

affidavit.

Court fee ..

Proof of Service

INDEX- II

PAGE Nos.

1

2

3

4

5-6

with 7-39

40

S.NO. PARTICUlARS PAGE NO.

1. INDEX- 2 1

2. Application under Order XXXIX Rule 1 and 2 2-7 read with Section 151 of Civil Procedure Code, 1908 along with the affidavit.

3. Application on behalf of the Plaintiff under 8-11 .. section 151 of the Code of Civil Procedure for exemption from filing original, fair, typed

.

COURT FEE

c. Fees

Scanned with CamScanner

4.

S.NO.

1.

2.

S.NO.

1.

2.

c.opies of annexures and exemption from

filing attested affidavit along with affidavit.

Application on behalf of the Plaintiff under 11''" section 151 of the Code of Civil Procedure

for enlargement of time for payment of

court fee along with affidavit

INDEX-III

PARTICULARS PAGE c. '· NO. Fees

INDEX-III I

Vakalatnama 2.

INDEX- IV

PARTICULARS PAGE c. NO. Fees

INDEX-IV I ..

List of documents along with documents l-7

¥ ASHUTOSH ~ & ABHISHEK CHAUHAN

PLAINTIFFS IN PERSON CH: Lawyers Chamber No. 707, Block- III,

Delhi High Court, New Delhi. Off: A-335, Ground Floor, Defence Colony

· New Delhi -110024

Date : 23.4.2020

Place: New Delhi

Ph: 46584292/ 9953587630 [email protected]

.,1 ~ •

'• . . ... ~ . .

: ....

. ) · ..

. ... . '




CS(OS) NO. OF 2020

IN THE MATTER OF:


Netflix, Inc & Others .... Defendants

S.NO.

1.

2.

3.

4.

5.

6.

7.

8.

INDEX- I

PARTICULARS PAGE COURT

NOs. FEE

INDEX-1 1

Format 2

Urgent Application 3

Notice of Motion 4

Memo of Parties 5-6

Suit for permanent Injunction along with 7-39

affidavit.

Court fee

Proof of Service 40

w ASHUT~ & ABHISHEK CHAUHAN

PLAINTIFFS IN PERSON CH: Lawyers Chamber No. 707, Block - III,

Delhi High Court, New Delhi.

Date : 23.4·.2020

Place: New Delhi

Off: A-335, Ground Floor, Defence Colony New Delhi -110024

Ph: 46584292/9953587630 [email protected]


2.



CS(OS) NO. OF 2020

IN THE MATTER OF:



SUIT FORMAT

51 Date of Name of Name of Valuation of Court fee No. Institution place of First Suit paid

of suit Institution of appellate Suit Court and

Date of Institution

1. 24.4:2020 Delhi N.A. 3,00,00,000 Fixed ct

fee on

Delhi High For Injunction

Court Injunction

230/-

Appeal from the order of ---=-N.A·---==~------~~--

dated the ______ __ N.A.~~------~-----

Relief sought = Permanent Injunction against the defendants from telecasting/airing

the episodes of Webseries "Hasmukh" and particularly episode 4 of Season 1 on

www.netflix.com

p (au. \ \).&~ ~·Mt : ).3·4 • w~ '·


3



CS(OS) NO. OF 2020

IN THE MATTER OF: '·



NOTICE OF MOTION Sir,

Please take note that the petitioner has filed the present petition

which is expected to be listed on or before 2S /04/2020

Date : 23.4.2020

Place: New Delhi

Thanki~:ou, /}'

p~clf

ASHUT~EY &. ABHISHEK CHAUHAN U~lH yuH I PLAINTIFFS IN PERSON CH: Lawyers Chamber No. 707, Block- III,


New Delhi -110024 Ph: 46584292/9953587630

[email protected]

To: No notice of caveat or otherwise received from any defendants

1. Advocate for ~--------=

2. Advocate for _________ _




CS(OS) NO. OF 2020

IN THE MATTER OF:



To

The Registrar, Delhi High Court, New Delhi.

Sir,

URGENT APPLICATION

Kindly treat the accompanying Suit as an urgent one. _The

grounds of urgency are as follows:

"Urgent directions are prayed for against the Defendants from

telecasting further the impugned episode"

Date : 23.4·.2020

Place: New Delhi

~ ASHUT"EY & ABHISHEK CHAUHAN

PLAINTIFFS IN PERSON CH: Lawyers Chamber No. 707, Block - III, · Delhi High Court, New Delhi.






CS(OS) NO. OF 2020

IN THE MATTER OF:


Netflix, Inc & Others .... Defendants I.

SUIT FOR PERPETUAL AND PERMANENT INJUNCTION

MEMO OF PARTIES

IN THE MATTER OF:

Ashutosh Dubey

S/o Sh H.S. Dubey

Occupation: Advocate

R/o H 202 Sagar Sadan Apartment, Plot No. 113,

I.P. Extension, Patparganj, Delhi - 110092 . .

Presently at : 10153, ATS One Hamlet,

Janpath Road, NOIDA, U.P.

Office at: A 335 Defence Colony, New Delhi - 110024

VERSUS

1. Netflix, Inc

100 Winchester Circle, Los Gatos, CA 95032 Email : [email protected], [email protected]

2. Netflix Entertainment Services India LLP.

Maker Maxity, Level 7, 4th North Avenue,

sandra Kurla Complex, Sandra East Mumbai

Mumbai City MH 400051

Email: [email protected]

3. Emmay Entertainment & Motion Pictures

3rd Floor, Terminal 9 Building 70-C Nehru Road,

Next to orchid hotel, near Terminal 1, Vile Parle East,

Mumbai, Maharashtra 400099

anaghaambekar@emmay .com

..... Plaintiff

.. . . ~


4. Applause Entertainment Pvt. Ltd.

IL&FS Financial Centre, SA, G Block Rd,

Sandra Kurla Complex, Sandra East, Mumbai,

Maharashtra 400051

[email protected]

5. Vir Saran Das @Vir Das

Director of Weirdass Comedy Pvt. Ltd.

6

396/20/10, Bir Sagar, Gazder Park North Avenue Santacruz

West, Mumbai 400054.

[email protected]

6. Nikhil Gonsalves


Near Termi[lal 1, Vile Parle East,


7. Nikkhil Advani


Near Terminal 1, Vile Parle East,


Date : 23.4.2020

Place: New Delhi

.... Defend~/

~lnjff ASHUTW.EY ll ABHISHEK CHAUHAN .

PLAINTIFFS IN PERSON CH: Lawyers Chamber No. 707, Block - HI,


New Delhi -110024 Ph: 46584292/ 9953587630

[email protected]


i


ORDINARY ORIGINAL JURISDICTION

CS(OS)NO.

IN THE MATTER OF:

Ashutosh Dubey

5/o Sh H.B. Dubey

Occupation: Advocate

OF 2020

R/o H 202 Sagar Sadan Apartment, Plot No. 113,

I.P. Extension, Patparganj, Delhi- 110092.

Presently at : 10153, ATS One Hamlet,

Janpath Road, NOIDA, U.P.

Office at: A,335 Defence Colony, New Delhi - 110024

VERSUS

1. Netflix, Inc

100 Winchester Circle, Los Gatos, CA 95032

Email : [email protected], [email protected]

2. Netflix Entertainment Services India LLP.

3.

Maker Maxi.ty, Level 7, 4th North Avenue,

sandra Kurla Complex, Bandra East Mumbai

Mumbai City MH 400051

·Email: [email protected]

Emmay Entertainment & Motion Pictures


..... Plaintiff

Next to Orchid hotel, near Terminal 1, Vile Parle East,


anaghaambekar@emmay .com

4. Applause Entertainment Pvt. Ltd.

IL&FS Financial Centre, SA, G Block Rd,

Sandra Kurla Complex, Sandra East, Mumbai,

Maharashtra 400051

[email protected]

5. Vir Saran Das @ Vir Das

Director of Weirdass Comedy Pvt. Ltd.

396/20/10, Bir Sagar, Gazder Park North Avenue Santacruz

West, Mumbai 400054.

accounts@weirdasscomedy .com

6. Nikhil Gonsalves


Near Terminal 1, Vile Parle East,


7. Nikkhil Advani

3rd Floor, Terminal 9 Building 70-C .Nehru Road,

NearTerminal 1, Vile Parle East,


.... Defendants

.. '

; . .;,· ' ..... _.··---~-·-··-- ~---:- ' :-.·.


SUIT FOR PERPETUAL AND PERMANENT INJUNCTION AND

TENDERING UNCONDITIONAL APOLOGY

To

The Hon'ble Chief Justice and his companion

Justices of High Court of Delhi at New Delhi.

The humble petition of the

Plaintiffs above-named.

MOST RESPECTFULLY SHOWETH:-

1. That the present suit is being filed by the Plaintiff herein,

seeking the relief of permanent and perpetual injunction

against the defendants from airing or streaming of the

episodes of Webseries (TV show) "Hasmukh" and especially

Episode 4 of Season 1 with immediate effect and tender an

unconditional apology online related to the aspersions casted

via the Webseries TV show "Hasmukh", and/or without

deleting '/removing the disparaging statements made against

lawyers In Episode 4, which have caused damage to the

reputation and maligned image of lawyers at large.

2. That the plaintiff is registered with Bar Council of Delhi having

Enrollment no. D/775/2004 and is also member of the

supreme Court Bar Association. The plaintiff is a P ct· . ra tcmg

advocat~ before this Hon'ble Court and in the Hon'ble

Supreme court of India and various other fora pan India. The

plaintiff Is reputed advocate and has carved . h ·. a n1c e of his

. . ... _. ... ~ '!. - -~ .... ·-· . ,.. .


I 3.

lo

own by putting his determination, devotion, dedication, '·

sincerity and hard work over the period and catering to the

legal needs of the society. The plaintiff is also subscriber of

Netflix.

That the defendant No. 1 alongwith its subsidiaries . and

countrywise associates, for India, the defendant No.2 herein,

are a streaming service which act as a platform for watching

a wide .. variety of award-winning TV shows, movies,

documentaries, webseries and more on thousands of internet-

connected devices on subscription basis and enjoy a wide

audience from all corners of world.

4. That the defendant Nos. 3 and 4 are the production company

which are one of the creators of the webtelevision mini series

(show) titled "HASMUKH", directed by Nikhil Gonsalves

(Defendant no.6), co-created and written by Nikkhil Advani

(Defendant no.7) and Vir Saran· Das @ Vir Das (Defendant

No.5). the defendant No.5 is main protagonist in the show.

The said TV show, 'Hasmukh' was released on 17.04.2020

and is being aired on online platform /app "Netflix" (www.

Netflix.com) run by defendant Nos 1 and 2. The said show is

available for viewing to all the subscribers all over the world ·.

which ar-e, even by a conservative estimate, not less than !SO

million as reflected on google.com. v Scanned with CamScanner

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5. That the show relates to a standup comedian, Hasmukh

Sudiya (Vir Das- defendant No.5) who is an upcoming stand-

up comedian from Saharanpur, a small town in Uttar Pradesh.

After a video of him performing at a local function goes viral,

he is invited to Mumbai to compete in a television show.

Everything seems merry, except there's one catch. If

Hasmukh is to do well in this competition, he must commit a ..

murder before going up on stage every time.

6. That in the said show of webseries of Hasmukh, in the

Episode no.4 of Season 1, "Bambai Ka Bambu", the

protagonist, (Defendant No. 4 ), the writer (Defendant No.7 )

and the Director (Defendant No.6) have alleged lawyers to be

thieves, scoundrels, goons and have had the indecency to

address ,lawyers as "rapists". The said statements are reduced

herein for ready reference of the Hon'ble Court:

" ..... are kya gareeb ki tokri se tum loan maang rahe ho? Bache ki chaddi ke andar tum qutub minar dhoond rahe ho .... aisa pehla sa her dekha hai humane jahar char bhi bade aamir hate hain. Lekin yahan unka naam chor nahi, vakeel hota hai. Aapke vakeel sahib sabse bade kameene aur chor hote hain. Ye kanoon ka thekedar, jo kabhi nahi honge giraftaar, kyunki yeh kalam ke saath karte hain balatkaar. Arrey bahiya log kahate hain ki kanoon andha hota hai, main kahata hoon Mumbai me kanoon ganda hota hai, kyunki har wakeel ke haath me chota sa itna danda hota hai .•• "

7. That it is not only the advocates, who have been demean~d

and disgraced in the whole show but the defendants have not V .. ·. : Scanned with CamScanner

/2

left the police especially U.P. Police and the politicians, to

which the plaintiffs are not concerned in the present plaint.

8. That the said statements are highly disparaging, defamatory

and bring disrepute to the law profession and

lawyersf.advocates in the eyes of general public. The said

remarks have caused utmost damage to legal profession and

impugn the image of lawyers in the eyes of millions of

viewers/ subscribers who visit the streaming website where

the show is being streamed.

9. That from early times of moderates like Mohandas

Karamchand Gandhi, Motilal Nehru, Dadabhai Naoroji to

extremists C Rajagopalachari, Bal Gangdhar Tilak or "Iron

Man" Sardar Patel they all had their differences in opinions,

thoughts and way of working but what they all had in

common was they were practitioners of 'law'. If not of the

self-sacrificing and dedicated efforts of these brave men how

India would have won the independence it cherishes now.

lO. At the dpwn of independence, the parliament of independent

India was the forge where a document that will guide the

young nation was being crafted. It had fallen on the keen

legal mind of Dr. B. R. Ambedkar to formulate a constitution

for the newly independent nation. The Indian Bar had a role

in the Independence movement that can hardly be overstated

_ that the tallest leaders of the movement across the political t"


13

spectrum were lawyers is ample proof. The new nation saw its

first leader in Jawaharlal Nehru, and a paternal figure in M. K.

Gandhi, both exemplary lawyers. Perhaps it is the consequent

understanding of law and its relation to society that prompted

the foun'ding fathers to devote the energy required to form a

Constitution of unprecedented magnitude in both scope and

length.

11. Lawyers are those small pillars in a building that are required

12.

during the construction of the main pillar as to give it support

towards the right direction. Being lawyer is a noble and

honorabl.e profession which requires a manner and conduct to

be carefully followed. In Bar Council of India rules a lawyer

holds a duty to act with dignity and self-respect , to uphold

the interest of client by all fair and honorable means and shall

not take advantage of the confidence reposed in him by his

client. Apart from fighting cases lawyers provide their skills

and knowledge to the society by doing pro bono cases and

lending legal services to the poor and needy. A huge change

has been brought upon by the legal aid services in India.

Legal Aid implies giving free legal services to the poor and

needy who cannot afford the services of a lawyer for the

conduct of a case or a legal proceeding in any court, tribunal

or before an authority.

That various branch ofstudies deals with the specific study. of ~/

which they are spec1al1zed for e.g. A medical practitioner can . \ I • • •


deal only in the line of medicine, an engineer only in his

limited scope of engineering but a lawyer deals with all the

fields of .society including science, social values,human rights,

banking , Intellectual property etc. As famously said "A

lawyer should know something about everything and

everything about something. A lawyer must be very careful

about his attributes and behaviour. As Mahatma Gandhi said

Keep your thoughts positive, because your thoughts become your words.

Keep . your words positive, because your words become your behaviour.

Keep your behaviour positive, because your behaviour become your habits.

Keep your habits positive, because your habits become your values.

Keep your values positive, because your values become your destiny.

Open Your Mind, Open Your Life: A Book of Eastern Wisdom

13. Every young law aspirant who has attended law school is

ushered into the fraternity with the opening lines in their

orientation programme, "Welcome to this noble profession". A

question thus arises as to why the legal profession is

considered to be noble. It is stated that K.V. Krishnaswamy

Iyer's classic Professional Conduct and Advocacy contains a

. fine discussion t>n . the place of -the legal profession in the

l I

I order of-society, and why it is said to be noble. Justice Iyer ,

calls the legal profession as "the most brilliant arid . attractive <%t/ . . .


of peaceful professions, with responsibilities both inside and

outside It, which no person carrying on any other profession

has to shoulder". While addressing the question of practice of

legal profession, he says an "advocate has to deal with the

greatest possible variety of human relations and has his

mettle constantly tried from every direction. For the same

reason, an advocate earns great social distinction, which

ought not to be misused at any cost." The underlying ethos of

the legal profession is the service to. society, akin to that of a '·

doctor. The aim is to protect citizens from social diseases.

14. Law is a more nuanced concept with different shades and

complexities. It is an integral part of society as it reflects the

accepted code of conduct that is prescribed or formally

recognized by the community. The purpose of law in society is

to preserve the moral sanctity that binds the society.

Therefore, the legal profession is considered a noble

profession as it is the upholder and protector of law. It is a

service-oriented profession which aims to serve society.

Roscoe Pound captured the essence of this sentiment when

he wrote, "Historically, there are three ideas involved in a

profession: organisation, learning, and a spirit of public I service. These are essential. The remaining idea that of

gaining a livelihood is incidental." Lawyers are considered to

be social engineers, who bring about social change and

development. Legal cases are embodiments of so · 1

h · . c1a c ange. ~-


/6 15. India has always had a rich legal history. The journey

began from the Rig Vedic age to that of Manusmriti to

Arthashartra to the law under the Mughal which was

transplanted by the British legal system. The legal

profession has always been considered a noble profession.

This was recognised in numerous Supreme Court judgments

such as Indian Council of Legal Aid and Advice v. Bar Council

of India '[(1995) 1 sec 732] where the Apex Court enunciated

that the duty of a lawyer is to assist the court in the

administration of justice, the practice of law has a public

utility flavour and, therefore, he must strictly and

scrupulously abide by the Code of Conduct behooving the

noble profession. The legal profession is nothing without its

ideals and ethics. The client-attorney relationship is fiduciary

in nature, and hence the lawyers have the duty of care. '·

16. The judiciary is an indispensable wheel of justice and its

contribution in making the legal profession a noble is

indispensible. The luminaries of the Indian judiciary have a

common underlying golden thread . It is their quest for

fearless justice and desire for preserving equality and respect

for human dignity. Doyens such as Justice Krishnaswamy Iyer

have reshaped Indian law. Some landmark legal cases and

supreme Court judgments have changed the course of law .

and the perception of society. The impact of these Supreme

court judgments can be seen in our dally lives.


17 17. That the preservation of human dignity Is dependent upon

various rights and duties conferred. The Courts are the

protectors of these rights. The Courts play an integral role as

defenders of the citizens, which are evident in the

multifarious legal cases all across the country. The legal

professionals make a significant contribution to the

preservation of these rights and duties, and thereby act as

social engineers. The primary allegiance of the lawyer is to

the Court, where his duty is to assist the Court in justice

dispensation. The arguments on behalf of the petitioner or the

respondent are forwarded to help the Court gauge the legality

of the issues at hand, and decide accordingly, in a just, fair,

and reasonable manner, then how can they be termed as

legal ra'pists.

18. The statement, "A lawyer is and must ever be the high priest

at the shrine of justice", a religious metaphor, reflects the

view of the lawyer's special role on the administration of

justice. The religious metaphor was developed in the context

of viewing Courts as the 'shrines of justice', and lawyers· as

the min!sters of the "courts of justice robed in the priestly

garments of truth, honor and integrity". Even in a secular

context, the statement still captures the essence of the role of

an advocate in the mechanism of administration of justice in

the society. The journey of legal professionals is a tough

one. The cases are different from each other, and therefore, . . T

the approach to tackle each is different. Lawyers have to arm ~~ . . •... ..... :.___.:...__


themselves to be able to accept the challenges of the varied

legal cases with the same zeal and tenacity. This skill is

acquired over the years, investing time, sweat and blood.

Hard work and perseverance is the key to succeed in this

competitive profession. The hardships and toils of the

profession not only build a good lawyer but also build a strong

and persistent individual who can achieve his aims and goals.

It makes an individual a better human being who is sensitive

to the needs of the society and strives to contribute to social

justice in every way possible.

19. The nobility of the legal profession lies in the selfless efforts

of the legal community to uphold the ideals of the society and

the relentless exertions to serve the society. The effect of this

effort is visible in the myriad landmark Supreme Court

judgments, and various other legal cases which have shaped

the way law is perceived and has impacted the society.

Lawyers, judges, and the other stakeholders of the legal

system work together, hand in glove. They are inspired and

strength'ened, guided and enriched by concepts of justice,

equity and good . conscience so that they can perform their

duty to the society with sincerity and integrity. The

dispensation of justice is not solely dependent on the judiciary

but is a joint act of the Bar and Bench. Lawyers played a

central role in drafting of constitution. The proceeding clearly

show the part played by the law~ers in elaborating the basic

concept pf secularism, democracy and egalitarianism. · )}r'

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20. The development of lawyers as a class of professionals can be

attributed to the need for trained persons who can form the

competent interface to facilitate the interaction between the

lay persons and the judiciary. This involves providing legal

advice in matters of rights, liberties or property of the client

within the framework of legislative and legal rights, and

representing the client in the event of a dispute before an

adjudicatory body. In fact, if law is viewed as a 'public good'

which is frequently technical and not self-executing,

meaningful access to law requires the assistance of a lawyer.

Particularly, in most jurisdictions, the members of the legal

profession are conferred the status of privileged members of

the community, and occupies an exclusive domain with the

privilege of pleading and acting on behalf of suitors being

restricted only to enrolled advocates and attorneys. This

monopolistic character of the legal profession entails certain

high tra.ditions which its members are expected to upkeep

and uphold. Therefore, the lawyer plays an indispensible role

in the mechanism of administration of justice.

21. As a professional, the functional role of an advocate, in

essence, is comparable to that of a legal technician. An

advocate is specially trained in the technical profession of

'law', and with his grasp over the subject matter; professional

' I

t

'

function ·consists largely of providing counsel for clients about . i how to escape or mitigate the incidence of the .law·# . j


I

obligations, availing of the loopholes and the ambiguities of

law.

22. That an advocate is obligated to act so as to protect and

uphold the interest of his client by all fair and honorable

means. As has been frequently emphasized, he also acts in

the capacity of an officer of the Court. The role of advocates

as officers of the Court is to assist the Court in the

administration of justice. Lawyers collect materials relating to

'· a case and thereby assist the Court in arriving at a correct

judgment. Furthermore, being a responsible officer of the

court and an important adjunct of the administration of

justice, the lawyer also owes a duty to the court as well as

the opposite side. Advocates, as members of the Bar and

officers of the Court, have the responsibility of 'keeping the

stream of justice pure and unsullied' so also to enable it to

administer justice fairly and to the satisfaction of all

concerned.

23. That the legal profession cannot be considered like any

other profession, or trade or business. It is a noble

profession, which is intended to serve the cause of 'justice'.

The difference between the legal profession and other ·

professions lies in the fact that what lawyers do affects not ·

only an individual but the administration of J·ust· . 1ce wh1ch is

I il I I I

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the foundation of the civilized society. The advocate owes. a .. V ..

.. .. - - - · '.


. _.... · ~·.

,, duty to his client in the capacity of a professional, and

towards the Court in the capacity of an officer and the friend

of the Court. However, this may and often does lead to a

conflict. In cases of conflict, as far as possible, the advocate

tries to balance his competing obligations. However where the

conflict is irreconcilable, as an officer of the court concerned

in the administration of justice, he has an overriding duty to

the court, to the standards of his profession, and · to the

public.

24. This imperative stems not from a code of law, but a higher

code of honor, which, if disregarded, offends not only the

rules of the profession, but strikes at the heart of the

confidence of the public in the judicial system itself. As it was

observed in Dhananjay Sharma v. State of Haryana, "such

conduct ... has the tendency to shake public confidence in the

judicial institution because the very structure of an ordered

life is put at stake." If people lose confidence in the

profession on account of the deviant ways of some of its

members, it is not only the profession which will suffer but

also the administration of justice as a whole.

25. Justice is the cornerstone in a democratic society

characterized by the rule of law. In an adversarial system the ' '

advocate could be described, to some extent, as a minister of

justice. The public impact of the legal profession can be

gauged by the observation by the Supreme Court in All India V · .~~~==~~~--------------" Scanned with CamScanner

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Judges Association VS. Union of India, wherein it was

expressed that the administration of justice and the part to be

played by the advocates in the system must be looked into

from the point of view of litigant public and the right to life

and liberty guaranteed under Article 21 and right to grant

legal aid as contemplated under Article 39A of the I .

Constitution. The aspect of the advocate as a public servant is

closely tied to the fact key role he plays in the developmental

and dispute-processing activities and, above all, "in the

building up of a just society and constitutional order." Being

the custodian of the monopolistic power statutorily granted by

the nation, the lawyer is obligated to rise to the expectations

of him in being a member of the society worthy of confidence

of the community in him as a vehicle of social justice.

26. The law is a guidepost for minimally acceptable behavior in

society. Some semblance of order is necessary. in a civil

society and is therefore reflected in law. The law-when

enforced-provides order consistent with society's guidelines.

The Society is a 'web-relationship' and social change

obviously means a change in the system of soci~l relationship

where a social relationship is understood in terms of social

processes and social interactions and social organizations.

27. Law plays an important indirect role in regard to social _

change by shaping a direct impact on society. Law certaii\Jy·V ·


21 has acted as a catalyst In the process of social transformation

of people wherein the dilution of caste Inequalities, protective

measures for the weak and vulnerable sections, providing for

the dignified existence of those living under unwholesome

conditions etc. Social change involves an alteration of society; '·

its economic structure, values and beliefs, and its economic,

political and social dimensions also undergo modification.

28. Legal system reflects all the energy of life within in any

society. Law has the complex vitality of a living organism.

Law is a social science characterized by movement and

adaptation. The socio-legal significance of advocate's activity

requires '·from an advocate high professionalism, knowledge of

legislation and practical experience, mastering in tactical

methods and means of advocacy and rhetorical skills. The

lawyers/ advocates have stood at the center of society for

centuries. They're in a unique position to affect societal

change as lawmakers and thought leaders.

29. That Indian democratic system stands on three pillars i.e.

Legislature, Executive and Judiciary. The fourth one which

passes on the feelings of the public at large towards these

higher three pillars is MEDIA. Media an intervening medium

acquired an honourable position of fourth pillar i.e. Fourth

Estate. Among the instrumentalities of our free society, media

has an exponential growth in both print and electronic media .~


segment with a huge and burgeoning viewership and

readership in all regions and languages. The communication

revolution has given media an instant and global reach and

with conVergence, a multidimensional capability. It has grown

in range and sophistication and is now immensely powerful

anC:t even feared not only by the public but by the organs of

State. Media carries with it a corresponding responsibility

imbued with a sense of trusteeship in providing the people

with the kind of information needed for democratic

participation, empowerment and informed choice. But media

like oth~r institutions has also succumbed to the vice of

malpractices and corruption. · In the media such malpractices

operate in both explicit and implicit forms. But today's ·

media functioning subtle and form of corruption is creating

mischief. The distortion, disinformation syndrome aimed to

serve certain petty interests.

30. That the existence of free, independent and powerful media is

'· the cornerstone of a democracy, especially of a highly mixed

society like India. Media is not only a medium to express

one's feelings, opinions and views, but it is also responsible

and instrumental for building opinions and views on various

topics of regional, national and international agenda. The

pivotal role of the media is its ability to mobilize the thinking

process of millions. The.fourth estate' plays the · role of a

conscious keeper, being a watch dog of other three pillars -:

' ! I'

. \

. _ the Executive, the Legislature ~nd the judiciary of democratic .y ... ~-· ··~-~4·~ .. -i -.' : . . :~··_··' .. , ~ f ~ . ,. • •• : - ~


setup. However, there are always two sides of a coin. With

the increased role and importance attached to the media,

there is need for its accountability and professionalism. Every

institution is liable to be abused, and every liberty, if left

unbridled, has the tendency to become a license which would

lead to disorder and anarchy. Indian media shows a mosaic

picture. Many of the issues discussed and shown on the news

channels are not only irrelevant but are blown out of

proportion with the emphasis on unnecessary issues and the

result is' that the real issues generally get buried. Television

channels in a bid to increase their Television Rating Points ·

(TRP) are resorting to sensationalized journalism shows with

a view to earn a competitive edge over the others. Channels

try to scandalise the issues to generate public curiosity

instead of breaking news, they are actually making news and

then breaking it.

31. That role of media in a democratic system has been widely

debated. India has the largest democracy in the world and

media have a powerful presence in the country. In recent

times, Indian media have been subjected to a lot of criticism

for the manner in which they have disregarded their

obligation to social responsibility. Dangerous business

practices in the field of Indian democracy, big industrial '·

conglomerates in the business of media have threatened the .

existence of pluralistic viewpoints.


32. In the ·light of above facts, one of the most important

responsibilities of media is to maintain and usher "NATIONAL

INTEGRATION" among masses. India is a diverse country with

people belonging to different religions, cultures, races and

those who speak several languages. Education helps to bring

unity in diversity. National Integration is unity in diversity. It

implies social, political, economic, linguistic and cultural unity.

"National Integration" means -creating a mental outlook '·

which will prompt and inspire every person to place loyalty

and the welfare of the country above narrow sectarian

interests. There is need for National Integration to keep our

freedom secure, to make the nation solid and united, to break

the walls of provincialism, to avoid internet strife and to face

foreign aggression. The idea of human unity, of a world free

from all traces of conflict and misery, has stirred our hearts

since times immemorial. Our one constant prayer all through

the ages has been:

SUKHINAHA . "SARVEAPI

NIRAMAYAAHA"

SANTU SARVE SANTU

which means, "Let everyone be happy, let everyone be free

from all ills."

33. That th~ hate speech or dialogues without any cloak have

become very common which by their very utterance inflict

injury or tend to incite an immediate breach of peace. It has

been observed that such utterances are not essential part of

. any exposition of Ideas and are of such slight social value as a V . . ·- . - . · ...


step to truth that any benefit may be derived from them is

clearly outweighed by the social · interest in order and

morality. The Constitution of India does provide for freedom

of speech under Article l9(1)(a) but that follows \"nth certain ·

restrictions which is being read with Article 19(2) under other

specified exceptions such as 'sovereignty and integrity of

India', 'security of the state\ 'incitement to an offence~ and

'defamation'. A wide range of Indian statutes contain ·

provisions that assist in controlling such scandalous h<rte

propaganda.

Some of these provisions are :(i)The cable Television

Networks (Regulation) Act, 1995 requires that all

programmes and advertisements telecast on television

conform the Programme Code and the Advertisement Code.

'· (ii) The Cable Television Networks (Regulation) Act1. 1995.

Section 5 : Programme code : No person shall transmit or

re-transmit through a cable service any programme unless

such programme is in · conformity with the prescribed

programme code. Rule 6 of the Cable Television Networks

Rules, 1994 lays down the Programme Code and prohibits

the carrying of any programme on the cable service.

(iii) Under the Cinematograph · Act, 1952 a film can be denied .

> ·

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certification on various ~rounds, Including on the ground . . . . ·t·

.. ·· that it Is Ukely to incite the commission ~f ~n offen_c~ or~, 1 Scanned with CamScanner

that it is against the interests of the Sovereignty and

Integrity of India or Public order.

(iv) The Information Technology Act, 2000 allows the

interception of information by the authorities in the

interest of public order or the Sovereignty and Integrity of

India Lor for the purpose of preventing incitement· to the

commission of a cognizable offence.

(v) Norms of Journalistic Conduct, 1996 issued by the Press

Council of India (constituted under the Press Council of

India Act, 1978) contain the guidelines on the reporting of

communal incidents.

(vi) Section 6 : Advertisement code :No person shall transmit

or re~transmit through a cable service any advertisement

unless such advertisement is in conformity with the

prescribed advertisement code.

(vii) Cable Television Networks Rules, 1994 Rule 6 : Programme

Code:

(1) No programme should be carried in the cable service

which

(a)Offends against good taste or decency:

(b) Contains criticism of friendly countries;

(c) contains attack on religions or communities or visuals

or words contemptuous of religious groups or which

promote communal attitudes;


(d) Contains anything obscene, defamatory, deliberate,

false and suggestive Innuendos and half truths;

(e) Is likely to encourage or incite violence or contains

anything against maintenance of law and order or which

promote-anti-national attitudes;

(f)Contains anything amounting to contempt of court;

(g) Contains aspersions against the integrity of the

President and Judiciary;

(h) Contains anything affecting the integrity of the Nation;

(i) Criticises, maligns or slanders any individual in person

or certain groups, segments of social, public and moral life

of the country ;

(j) Encourages superstition or blind belief;

(k) Denigrates women through the depiction in any

manner of the figure of a women, her form or body or any

part thereof in such a way as to have the effect of being

indecent, or derogatory to women, or is likely to deprave,

corrupt or injure the public morality or morals;

(I) Denigrates children;

(m) ~ontains visuals or words which reflect a slandering,

ironical and snobbish attitude in the portrayal of certain

ethnic, linguistic and regional groups

(n) Contravenes the provisions ofthe Cinematograph Act,

1952.

(o) is not suitable for unrestricted public exhibition ...


i )' I I

I, I

/·

34. That the scandalous statements written, telecasted and made

by the defendant Nos.3 to 7 and aired/telecasted by

defendant Nos. 1 and 2 cannot be justified by any stretch of

imagination or logic reasoning whatsoever and are in a very

bad taste. It not only casts aspersions on Mumbai lawyers but

it is on the complete lawyers community as a whole. It clearly

shows that the defendants have lost their brain and insight

while writing such dialogues, directing and producing the said

episodes. The defendants have forgotten that the Constitution

of India was written by eminent lawyer. The person who led

the front and compelled the Britishers to leave India was also

a lawyer. The eminent judges, jurists, lawmakers, pillars of

the constitution and statutory laws, who have stood for the

society and humanity were lawyers. The damage caused to

the lawyers community and by extension, the plaintiffs,

cannot be measured in monetary value by any yardstick. The

plaintiffs cannot gauge the far reaching implications of such

callus, disparaging, false and derogatory statements made on

the show "Hasmukh" which is being allowed to stream.

35. That the said statements are a blot on the lawyers

community. The said vexatious statements are a constant

stigma on the unblemished image of lawyers and a constant

source of annoyance to the plaintiffs and have lowered the

image of lawyers and the plaintiffs amongst the public at

large an~ have become a laughing stock rather to be pnkised

as kanuni balatkari (legal rapist). The said statementsV

-~~=-~--------------===··=---~~--Scanned with CamScanner

and comments are false, baseless, unauthentic, casting

aspersions on . character, defaming lawyers and damaging the ..

reputation and law profession amongst the general public

across the world: That the said statements are deliberate to

gain cheap publicity of the show and intentional attack to

malign . image of noble profession and lawyers including

plaintiffs who have been engaged for ages in providing their

selfless services to every section of the society. It is assumed

that before making any statements in general by the media

production houses, basic homework is done as such

statements have far reaching effects and repercussions. Such

an act of defaming legal professionals amongst the general

public through an online TV (Web) Series on webportals is

clearly an act falling within the ambit of defamation and

committing breach of trust and faith reposed in · filmmakers,

media houses about showing the true and verified facts.

36. That the plaintiff had sent a legal notice dated 22.4.2020

by. email, to immediately stop further airing or streaming of

the episodes of Webseries "Hasmukh" and especially Episode

4 of Season · 1 and tender an unconditional apology online

stating clearly that the aspersions casted on lawyers via the

Webseries show "Hasmukh" are frivolous and baseless and

the defendants regret the same · but nothing has. been done,

rather the show is going on· in full swing across the world. · It · . ~ . . •.

isto be noted that on account of Lockdown across the wo;ld · .

because of Covid 19 torona virus, people are confined ~0 th-eir : _ . . · .. '··· .. · .. ' .: .: .... ' . . :, ' . . :·' :. . ·:·t/ -. Scanned with CamScanner ·

12.

houses c;md the TV, laptop, mobile phones or other e-gadgets

are easy source of entertainment and time pass. The

defendants nos. l's telecast of another webseries Money Heist

has already captured immense market as compared to other

live streamers and it is natural that more and more people

have joined in 1 subscribed to Netflix and as a result day by

day the viewers of the show are increasing the image of

plaintiffs and lawyers community are tarnished more and

more day by day.

37. That the plaintiff besieges this Hon'ble Court to pass an

appropriate exparte order/ direction for immediately stopping

further airing/ streaming of the show "Hasmukh" especially

the Episode No.4. The defendants be called upon to delete/

destroy/ remove the disparaging statements I contents from

the sho»' "Hasmukh" airing on Netflix (www.netflix.com) and

cease and desist from maligning lawyers in any manner

whatsoever.

38. That the cause of action for filing the present suit arose for

the first time on 17.4.2020 · when the Webseries TV Show

"Hasmukh" was released and/or aired for first time by the

defendants. The cause of action again arose ori 20.4.2020

when the plaintiffs saw the episode. The cause of action

further arose on 22.4.2020 when the plaintiff no.l has sent

legal notic.e and the defendants have refused and ignored to

take any steps whatsoever related to the 'd sa1 statementsy


made in Episode 4 of the series of Hasmukh. The cause of

action is a continuous one and continues till date as the show

is still being streamed and aired on the defendant Nos. 1 and

2 with consent of other defendants.

39. That the plaint~ff is seeking a relief of permanent injunction

against the defendants.

40. That the show is streamed online and anyone can watch

the show anywhere on any eogadgets. The plaintiff has seen

the episode for the first time within the jurisdiction of this

Hon'ble Court and since the plaintiff is resident of Delhi and

the working . for gain in Delhi, this Hon'ble Court has the

jurisdiction to try the present matter.

41. That .for the purpose of valuation of the suit for seeking

mandatory injunction and for causing damage to the

reputation/ image of the plaintiff and lawyers community,

though cannot be compensated in terms of money, yet for

valuation, the same is being valued at Rs.3 crores, and upon

the sanie, a fixed court fee of Rs.200/-. The value of the suit

for the purpose of relief of declaration and injunction had

been valued at Rs.lO,OOO and 25,000 respectively and a fixed

court fee of RslO/- and Rs. 20/- have been paid. The total

amounting to Rs.230/- will be paid. The plaintiff seeks

exemption from paying the COUrt fee immediately With the

suit on account of pandemic corona virus and lockdown

i

'I

imposed by the Government. However the plaintiff ~ . u


undertakes to pay the same immediately when the Lockdown

is over.

42. That the plaint iff has not filed any other similar petition or

suit seeking similar relief before this Hon'ble Court or any

other co~rt.

43. That the plaintiff has filed the extract of the video recording of

the concerned part of the Episode No.4 of Hasmukh and can

produce the same as and when directed by the Hon'ble Court

or play the same on the laptop before the Hon'ble Court as

same is being aired on internet by defendants.

44. That the balance of convenience is in favour of the plaintiff

and against the defendants.

45. That the plaintiff will suffer irreparable loss and injury in the

present plaint is not heard on urgent basis and exparte ad

interim order is not being passed against the defendants.

46. That there is urgency in the matter as the defendants are

continuing to air the said webseries lV show Hasmukh and

the same is causing irreparable loss which cannot be

compensated in terms of money.

47. That the plaintiff may be exempted from filing duly affirmed

affidavit in the prevailing circumstances, and undertakes to

the effect that physical copies of documents relied upon in the

plaint, deficit court fees or other charges, if any, shall be filed

at the earliest. ~/

I I ' I j

~--------....;....;; ....... ...;;.,...:......:.~- . - . . ....:.----· Scanned with CamScanner

I I·

48. That the documents filed is the notice sent by the plaintiff and

the video clip/ extract from the episode 4 of Season of

Hasmukh.

49. That the plaintiff consents that the matter may be taken up ..

through the video-conferencing mode.

50. That the plaintiff shall be appearing in persons and would link

to the Hon'ble Bench by video-conferencing through own

desktop/laptop/ mobile phone.

51. It is therefore, requested, that th~ matter may be listed

before the Hon'ble Court for hearing and seeking urgent relief ..

as prayed for in the petition.

PRAYER

It is, therefore, most respectfully prayed that this Hon'ble Court,

may graciously be pleased to:

a. Pass a deeree of permanent and perpetual injunctvon

against the defendants from further airing or streaming

of the episodes of Webseries lV Show "Hasmukh" and

especially Episode 4 of Season 1 with immediate effect.

b. Pass a decree and or order directing the defendants to

c.

tender unconditional apology online for maligning the

image of the lawyers community, which includes judges

too as they too had been lawyers at one point of time.

Pass a decree and/ or order for deletion/ destroying/

removal of the aforesaid statements I contents from the

show "Hasmukh" (especially from Episode No.4) airing~

·-----Scanned with CamScanner

on Netflix (www.netflix.com) and cease and desist from

further maligning lawyers in any manner whatsoever.

d. Pa'ss ad-interim exparte order in terms of prayer (i) and

(ii)

e. Pass necessary orders thereby awarding cost in favour

of the plaintiff and against the defendants.

f. Pass such further order/orders as this Hon'ble Court

may deem fit and proper in the facts and circumstances

of the case.

Date : 23.4.2020

Place: New Delhi

VERIFICATION:

~ / PI~ ASHUTO~~EV & ABHISHEK CHAUHAN

PLAINTIFFS IN PERSON CH: Lawyers Chamber No. -707, Block - III,




I, Ashutosh Dubey, the Plaintiff No.1 in the present suit, do

verify on this the · z.~ day of April 2020, that the contents of

the Paragraphs No. 1 to · No .. 36 of the Plaint are true to my

knowledge and that of Paragraphs No. 37 to No. SO are legal

submissions and believed to be true and that the last paragraph

is a prayer tO this Hon'ble court. · . . . /

~¥ -


ll \I

l ,. I

37



CS(OS) NO. OF 2020

IN THE MATTER OF:



AFFIDAVIT

I, Ashutosh Dubey, S/o Sh H.B. Dubey, Aged about 39 years, R/o H

202 Sagar Sadan Apartment, Plot No. 113, I.P. Extension, Patparganj,

Delhi - 110092 do hereby solemnly affirm and declare as under:-

1. That I am the plaintiff in the above mentioned matter and am

fully aware of the facts ·and circumstances of the present

petition. I am therefore competent to swear and affirm and file

the present affidavit.

2. I have read and understood the contents of the accompanying

plaint (pZ~ges 1 to 31, paras 1 to 50 ) and the same

has been drafted by me I admit the contents to be true and

correct to my knowledgE;! and belief. The contents of the

petition are based on the information available and live telecast

of the 1V show and believed by me to be true and correct to my

knowledge and belief and the same may be read as part and

parcel of the present affidavit and are not repeated herein for

sake of brevity.

DEPO~ VERIFICATION;

Verified by me at Delhi on this the Z...'J day of April 2020 thaV

the contents of my foregoing affidavit are true and correct to my

knowledge and belief. No part of it is false and nothing material

has been concealed therefrom.

_'V\l ~N~NT


.I

1~



CS(OS)' NO.

lN THE MATTER OF:

Ashutosh Dubey Versus

Netflix, Inc & Others

OF 2020

... Plaintiff

.... Defendants

STATEMENT OF TRUTH

(Under First Schedule, Order VI-Rule 15A and Order X-Rule 1)

Statement of truth by Ashutosh Dubey, S/o Sh H.B. Dubey, Aged

about 39 years, R/o H 202 Sagar Sadan Apartment, Plot No. 113, I.P.

Extension, Patparganj, Delhi - 110092 do hereby solemnly affirm and

declare as under:-


fully aware of the facts and circumstances of the present petition. I

am therefore competent to swear and affirm and file the present

affidavit.

.. 2. I have gone through the contents of the paragraphs 1 to SO of

the Petition and at pages 1 to :31 and I say that the contents thereof

are true and correct to the best of my knowledge and belief and

nothing material has been concealed therefrom.

3. I say that there is no false statement or concealment of any

material fact, documents or record and having included information

which according to me is relevant for the present matter.

4. I say that all documents in my power, possession, control or

custody pertaining to the present Petition have been disclosed and

copies the~eof annexed with the Petition and that I do not have any

other documents, in my power, possession control or custody.


I I I

'I ,. i

I ~ 'I

''i

. I

6. I say that the documents filed hereto along with the Petition

contained few original documents and true copies of the documents

referred to and relied upon by me.

7. I say that I am aware that for any false statement or

concealment, I shall be liable for action against me under the ~~~

DEPO~~Nf VERIFICATION;

I.

Verified by me at New Delhi on this the ll yiday of April, 2020 that


knowledge and belief. No part of it is false and nothing material has

been concealed therefrom.

DE~


., I

412412020 -Suit Against Webseries hasmukh - [email protected] _ Gmall

. P"""f DJ f e, -t vI t.4.-Suit Against Webseries hasmukh ~o¥ ~I

Ashutosh Dubey <[email protected]>

to Info, info, nctrlixindi:•. anaghaambekar, applause.enlertalnmenl, accounts 11 :12 AM (0 minutes ago)

Sir/ madam

Enclosed please find herewith suit for Injunction, which speaks of Itself, asking to stop further telecasting /airing/ streaming of webserles TV show "Hasmukh" until and unless corrections/editing is carried out in Episode 4 of the Show related to lawyers/advocates.

Ashutosh Dubey Advocate

Thank You and Warm Regards

Ashutosh Dubey

Advocate on Record

The Solace Legal

Lawyers Chamber No.707, Block-Ill

Delhi High Court. Sher Shah Road

New Delhi -110003

A-335, Defence Colony,

New Delhi - 11 0 024

9953587630/46584291

advadube~@g~

7h• ~ommunie11tion, inelullin11 11U11ohmo•n•, I• lntm.C..t onl11 for th• por•on(•J or outlt11 to which lt l• ,.,c,c,..•••lf Anlf m•11 oont11ln ronfilftntilll, propriot•"'l rmlllor privilre.,c mArtrilll. JVo ~onfilfrnti11lit11 or privil•e• I• ...,.;., • .c or lost 1>!1 •n11 ml .. trAnsmiuion or error 11nlf it shoul4 not l>o u••" b!J ""Eronw nor lb.in' the iiJten.ttA ri'C"ipi•nr. CZ\n' rtvirw, n -tntrJanJiaaioa, lliasrmio,.rioo or orlttr uae of, or tAkins of "'"' Attioo in nliRrttt upon thi• inform11tio11 1>!1 poNon• or ontitioa othtr th41n tho lntmlfoli roripimt is prohil>ito4. ,)f IJOU nerivtlf thi• iu orror, plouo ron!Art tho arnlfor an.t .C••tro2r ,.,,. topiu of tbia informAtioo. you muat oor, "ireetl&r or io.tined!f, u•r, •fiacloar, .Cisrribut11, print, or cop' ,..,, p•n of thi• m••••s• if 'ou An not the irntnAt.C neipienr. C4n11 un•utftorhM u•• or ,..,, misu•• of tfJi• communic11Uion, iDclu.Cins IIUAcbm•rns, mA!f r••uh in punitivt Action un.Cer l•w• -

(;~~iapiAIJin' Outlook,£111ojl-f4JilfJ089JS9 _tno.Jpe.Jre

[I Netflix_Hasmukh... f!J

hllps://mall.google.com/maiVu/0/#sent/FFNDWMbGJDTcrShgdSqxPitnwXqknMJK 1/1


,



CS(OS) NO. OF 2020

IN THE MATTER OF:


Netflix, Inc & Others I.

.... Defendants

INDEX- II

'

S.NO. PARTICUlARS PAGE C.

NO. Fees

1. INDEX- 2 J

2. Application under Order XXXIX Rule 1 and 2 read 2·7 with Section 151 of Civil Procedure Code, 1908

along with the affidavit.

3. Application on behalf of the Plaintiff under section g. 11 151 of the Code of Civil Procedure for exemption

from filing fair typed copies of dim annexures and

exemption from filing attested affidavit along with

affidavit.

4. Application on behalf of the Plaintiff under section fl' f't

151 of the Code of Civil Procedure for

enlargement of time for payment of court fee

along with affidavit

Date : 23.4.2020

. Place: New Delhi

\k . . /1/ ~ ASHUTb'SlrbUBEY &. ABHISHEK CHAUHAN

. .

PlAINTIFFS IN PERSON CH: Lawyers Chamber No. 707, Block- III,


New Delhi -110024 Ph: 4f?584292/ 9953587630

[email protected]

:.' . : . I · ,. · •.

Scanned with CamScanner . ~ - . . ·r'

IN THE HXGI-t COURT OF DELH.I AT NEW DELHI


I.A. NO. OF 2020

IN

CS(OS) NO. _ OF 2020

IN THE MATTER Of:

Ashutosh D'ubey Versus

... Plaintiff

Netfllx, Inc & Others .... Defendants

APPLICATION UNDER ORDER 39 RULE 1 AND 2 OF CPC READ

WITH SECTION 151 CPC

To The Hon'ble Chief Justice and his companion Justices of High Court of Delhi at New Delhi.

The humble petition of the

MOST RESpECTFULLY SHOWETH:-Plaintiffs above-named.

1. That the present suit Is being filed by the Plaintiff herein,

seeking the relief of permanent and perpetual Injunction


episodes of Webserles (TV show) "Hasmukh" and especially

Episode 4 of Season 1. with Immediate effect and tender an ·


via the Webserles TV show "Hasmukh", and/or without

deleting /removing the disparaging statements made against · ! . . • . • ....

1

I I I

: t . lawyers In Episode 4, · which haVe caused ·damage to the · · .. .. : . · .•

1 reputation and ri1allgned · Image of lawyers at large . . The · · : · ~ . •. . -' ·J

. contents of thE. · same may be . read as P~rt and parCel of the > .• :l · present application ·.and . ~he sam~-· are · not being n~peated · · .. . -~-

· .. herein for the sak~ of brevity. . . -. . . ... • .J

·._· ;. :_: -'. . ·,. ' .· . -~ : f:··.~_;·, · .. ·.· .' .. ..... w

·'. ' .. ; ...• . ,· ,.· .. · ., .. ~::. '


2. That in the said show of webseries of Hasmukh, in the Episode

no.4 of Season 1, "Bambai Ka Bambu", the protagonist,

(Defendant No. 4 ), the writer (Defendant No.7 ) and the

Director (Defendant No.6) have alleged lawyers to be thieves,

scoundrels, goons and have had the indecency to address

lawyers as "rapists". The said statements are reduced herein

for ready reference of the Hon'ble Court:

" ..... are kya gareeb ki tokri se tum loan maang rahe ho? Bache ki chaddi ke andar tum qutub minar dhoond rahe ho.... aisa pehla saher dekha hai humane jahar chor bhi bade aamir hote hain. Lekin yahan unka naam chor nahi, vakeel . hota hai. Aapke vakeel sahib sabse bade kameene aur chor hote hain. Ye kanoon ka thekedar, jo kabhi nahi honge giraftaar, kyunki yeh kalam ke saath karte hain balatkaar. Arrey bahiya log kahate hain ki kanoon andha hota hai, main kahata hoon Mumbai me kanoon ganda hota hai, kyunki har wakeel ke haath me chota sa itna danda hota hai ••• "

3. That the said statements are highly disparaging,

defamatory and bring disrepute to the law profession and

lawyers/advocates in the eyes of general public. The said

remarks have caused utmost damage to legal profession and

impugn the image of lawyers in the eyes of millions of

viewers/ .. subscribers who visit the streaming website where

the show is being streamed.

4. That the said statements are a blot on the lawyers community.

The said vexatious statements are a constant stigma on the

unblemished image of lawyers and a constant source of

annoyance to the plaintiffs and have lowered the image of

lawyers and the plaintiffs amongst the public at large and

have bec~me a laughing stock rather to be pnkised as kan·uni ~


balatkari (legal rapist). The said statements and comments

are false, baseless, unauthentic, casting aspersions on

character, defaming lawyers and damaging the reputation and /,

law profession amongst the general public across the world.

That the said statements are deliberate to gain cheap publicity

of the show and intentional attack to malign image of noble

profession and lawyers including plaintiffs who have been

engaged for ages in providing their selfless services to every

section of the society. It is assumed that before making any

statements in general by the media production houses, basic ..

homework is done as such statements have far reaching

effects and repercussions. Such an act of defaming legal

professionals amongst the general public through an online TV

(Web) Series on webportals is clearly an act falling within the

ambit of defamation and committing breach of trust and faith

reposed in filmmakers, media houses about showing the true

and verified facts.

s. That the '· plaintiff had sent a legal notice dated 22.4.2020 by

email, to immediately stop further airing or streaming of the

episodes of Webseries "Hasmukh" and especially Episode 4 of

Season 1 and tender an unconditional apology online stating

clearly that the aspersions casted on lawyers via the

Webseries show "Hasmukh" are frivolous and baseless and the

defendants regret the same but nothing has been done, rather

the show .. is going on in full swing across the world. It is to be / / noted that on account of Lockdown across the world because. t-l ·


of Covid 19 corona virus, people are confined to their houses

and the TV, laptop, mobile phones or other e-gadgets are easy

source of entertainment and time pass. The defendants nos.

l's telecast of another webseries Money Heist has already

captured immense market as compared to other live

streamers and it is natural that more and more people have

joined in I subscribed to Netflix and as a result day by day

the viewers of the show are increasing the image of plaintiffs

and lawyers community are tarnished more and more day by I,

day.

6. That the plaintiff besieges this Hon'ble Court to pass an

appropriate exparte order/ direction for immediately stopping

further airing/ streaming of the show "Hasmukh" especially

the Episode No.4. The defendants be called upon to delete/

destroy/ remove the disparaging statements I contents from

the show "Hasmukh" airing on Netflix (www.netflix.com) and

cease and desist from maligning lawyers in any manner

whatsoever.



s. That the plaintiff will suffer irreparable loss and injury in the

present plaint is not heard on urgent basis and exparte ad

interim order is not being passed against the defendants.

9. That there is urgency in the matter as the defendants are

continuing to air the said webseries TV show Hasmukh and the r . ,. . ·~ '' .-.. :::I .· .. .;. .


\

l

I I

G same is causing irreparable loss which cannot be compensated .

in terms of money.

PRAYER

It is, therefore, most respectfully prayed that this Hon'ble Court,

may graciously be pleased to:

a. Pass an ad-interim exparte injunction I order thereby

retraining the defendants from further airing or streaming

of the episodes of Webseries TV Show "Hasmukh" and

especially Episode 4 of Season 1 with immediate effect till

disposal of the present petition.

b. Pass an order. directing the defendants to tender an

unconditional online apology regarding the false and

baseless statements made by them against lawyers.

c. Pass ,such further order/orders as this Hon•ble Court may

deem fit and proper in the facts and circumstances of the

case.

Date : 23.4 .. 2020

Place: New Delhi

~ ~/ PI~ ASHUTOSH .EY & ~BHISHEK CHAUHAN






. I

7



I.A. NO. OF 2020

IN

CS{OS) NO. OF 2020

IN THE MATTER OF:


Netflix, Inc .. & Others .... Defendants

AFFIDAVIT

I, Ashutosh Dubey, 5/o Sh H.B. Dubey, Ag~d about 39 years, R/o H



1. That I am the plaintiff in th~ above mentioned matter and am

fully aware of the facts and circumstances of the present



2. I have read and understood the contents of the accompanying '·

application and the same has been drafted by me I admit the

contents to be true and correct to my knowledge and belief.

The contents of the application are believed by me to be true

and correct to my knowledge and belief and the same may be

read as part and parcel of the present affidavit and are not

repeated herein for sake of brevity.

DEP~ VERIFICATION;

Verified by me at Delhi on this the 2Z " 1 day of April 2020 that

the co'ntents of my foregoing affidavit are true and correct to my


has been concealed therefrom.

D~ Scanned with CamScanner



I.A. NO. OF 2020

IN


IN THE MATTER OF:

'· Ashutosh Dubey ... Plaintiff

Versus


APPLICATION UNDER SEC. 151 OF C.P.C. FOR EXEMPTION FROM FILING OFFICIAL TRANSAL TION, CERTIFIED, FAIR AND TYPED COPY OF THE ANNEXURES/DOCUMENTS



The humble petition of the Plaintiffs above-named.


seeking the relief of permanent and perpetual injunction


episodes of Webseries (TV show) "Hasmukh" and

especially Episode 4 of Season 1 with immediate effect

and tender an unconditional apology online related to the

aspersions casted via the Webseries TV show "Hasmukh",

and/or without deleting · /removing the disparaging

statements made against lawyers in Episode 4, which

have caused damage to the reputation and maligned

image of lawyers at large. The contents of the same may

be read as part and parcel of the present application and It '• ·'" · ' ,._ ·· - - · ... : .:· .. , .. ~' · ..


I

the same are not being repeated herein for the sake of

brevity.

2. That the applicant has prima facie a good case and every

chance to succeed in the matter and balance of

conv,enience also lies in their favour.

3. That the applicant has filed the present application

alongwith annexures which are true copies of their

respective origina~s. The application undertakes to file the

original, fair, typed copies of the documents as and when

Lockdown opens.

4. That the applicant also undertakes to file the complete

episodes of webseries Hasmukh in pendrive or produce CD

as and when directed by the Hon'ble Court.

5. That the applicant may be exempted and permitted to file

present petition without attested copy of the affidavit on

account of Lockdown and the same will be duly filed with

original plaint on opening of Lockdown.

6. That the applicant may be exempted from paying the court

fee as of now and the same will be paid on opening of

Lockdown and the applicant undertakes to pay the same

at the earliest.

7. That the application is made bonafide and for the ends of

justice.

8. That the balance of convenience Is in favour of the plaintiff V and against the defendants.

, ' ·., r • • - •. - •


/0 9. That the plaintiff will suffer irreparable loss and injury in

the present plaint is not heard on urgent basis and

exparte ad-interim order is not being passed against the

defendants.

PRAYER

It is, therefore, most respectfully prayed that this Hon'ble

Court may graciously be pleased to

(i) exempt from filing the original, certified, translated, fair

and typed copy of the documents and the application may be

heard on the basis of the true copy of the annexures.

(ii) exempt the applicant from filing the present petition

without attested copy of the affidavit on account of Lockdown '·

and the same will be duly filed with original plaint on opening

of Lockdown;

(iii) exempt the applicant from paying the court fee as of now

and the same will be paid on opening of Lockdown and the

applicant undertakes to pay the same at the earliest.

(iv) Pass such further order/orders as this Hon'ble Court may


case.

Date : 23.4.2020

Place: New Delhi

MJxl p~ ASHUTdS'"etJBEY & ABHISHEK CHAUHAN



New Delhi -110024 Ph: 46584292/9953587630

[email protected]

.. Scanned with CamScanner

' f I 1; ,, 'I .,

!i l

II IN THE HIGH COURT OF DELHI AT NEW DELHI


I.A. NO. OF 2020

IN

CS(OS) NO. OF 2020

IN THE MATTER OF:



AFFIDAVIT

I, Ashutosh Dubey, S/o Sh H.B. Dubey, Aged about 39 years, R/o H



1. That I am the plai11tiff in the above mentioned matter and am


petotion. I ~m therefore competent to swear and affirm and file


2. I have read and understood the contents of the accompanying


contents to be true and correct to my knowledge and belief.

The contents of the application are believed by me to be true

and correct to my knowledge and belief and the same may be '·

read as part and parcel of the present affidavit and are not


DE~ VERIFICATION;

Verified by me at De~hi on this the "J.l'(/ day of April 2020 that



has been concealed therefrom. ~

DE~NT


ll

!/ I



I.A. NO. OF 2020

IN

CS(OS) NO. OF 2020

IN THE MATTER OF:



1Z.

APPLICATION UNDER SEC. 151 OF C.P.C. FOR ENLARGEMENT OF TIME FOR PAYMENT OF COURT FEE



The humble petition of the Plaintiffs above-named.


seeking 'the relief of permanent and perpetual injunction


episodes of Webseries (TV show) "Hasmukh" and especially

Episode 4 of Season 1 with immediate effect and tender an


via the Webseries TV show "Hasmukh", and/or without

deleting /removing the disparaging statements made against

lawyers in Episode 4, which have caused damage to the

reputation and maligned image of lawyers at large. The

contents of the same may be read as part and parcel of the

present 'application and the same are not being repeated

herein for the sake of brevity.

2. That the applicant has prima facie a good case and

every chance to succeed in the matter and balance of y convenience also lies in their favour.


13 3. That the applicant may be exempted from paying the

court fee as of now and permitted to file present petition

without court fee on account of Lockdown and the applicant

undertakes to pay the same on opening of Lockdown.

4. That the application is made bonafide and for the

ends of justice.



6. That the plaintiff will suffer: irreparable loss and injury in

the present plaint is not heard on urgent basis and exparte

ad-interim order is not being passed against the defendants.

PRAYER

It is, therefore, most respectfully prayed that this Hon'ble

Court may graciously be pleased to

(i) exempt the applicant from paying the court fee as of now

and the '· same will be paid on opening of Lockdown and the

applicant undertakes to pay the same at the earliest. ·

(ii) Pass such further order/orders as this Hon'ble Court may


case.

Date : 23.4.2020

. Place: New Delhi

- ~"rxl ~~ ASHUTOVoUBEY & ABHISHEK CHAUHAN



New Delhi -110024 Ph: 46584292/9953587630

[email protected]

Scanned with CamScanner ,•. ' .

14 IN THE HIGH COURT OF DELHI AT NEW DELHI


I.A. NO. OF 2020

IN

CS(OS) NO. OF 2020

IN THE MATTER OF:



AFFIDAVIT

I, Ashutosh 'Dubey, S/o Sh H.B. Dubey, Aged about 39 years, R/o H







2. I have read and understood the contents of the accompanying .


contents to be true and correct to my knowledge and belief. '·

The contents of the application are · believed by me to be true

and correct to my knowledge and belief and the same may be

read as part and parcel of the present affidavit


VERIFICATION;

and are not

DE~ Verified by me at .Delhi on this the J.&"1 day of April 2020 that



has been concealed therefrom. ~ D ONENT

. .


·I

l/ [• ,I ,I

" !!



CS(OS) NO. OF 2020

I

IN THE MATTER OF:

Ashutosh D.ubey ... Plaintiff Versus


INQEX-111

S.NO. PARTICULARS PAGE c. NO. Fees

1. INDEX-III I 2. Vakalatnama 2. '·

Date : 23.4.2020 ..

Place: New Delhi

Po/ ASHUTOS~Y & ABHISHEK CHAUHAN



New Delhi -110024 Ph: 46584292/9953587630

[email protected]

..... .... ~ ;-. , .. _ ...... '




CS(OS) NO. OF 2020

IN THE MATTER OF: Ashutosh Dubey ... Plaintiff

Versus Netflix, Inc & Others .... Defendants

KNOW ALL to whom these present shall come that J/Wc _ Ashutosh Du.bcy __ the above named ___ Plaintiff do hereby nppomt

ABHISHEK CHAUHAN (D 1050/2011) Advocates address:

Lawyers' Chamber No.707, Block Ill, Delhi High Court (Off) A-335 Defence Colony, New Delhi -110024

PH: 24337452/53, 9953587630

AND SHRI ..... . Ab~1ishek Chauhan .............. : ......................................... . ADVOCATE/S to be my/our Advocate/s in the above noted cause and authorise l~im/them.

To act, appear and plead in the above noted cau>se in this Court or in other Court/s in which the same be tried or heard and also in the appellate Courts;

To sign, file, verify and present pleadings, replications, appeals cross/objections or petition for executions, review, ,revision., restoration, withdrawal, compromise and to file replies to petitions, objections or affidavits as inay be deemed necessary or proper for the prosecution of the said cause in all its stages;

· To file and take· back documents; To withdraw or compromise the said cause or submit to arbitration any differences or

disputes that may arise touching or in any manner relating to the said cause; To take out execution proceedings; To deposit, withdraw a6ld receive monies, cheques and amounts refunds of court fees etc.

and grant receipt thereof and to do all other acts and things which may be necessary to be done for the progress of and in the course of the prosecution of the said cause;

To appoint al'ld instmct any other Legal Practitioner authorizing him to exercise the power and authorities hereby co11ferred upon the Advocates whenever he may think fit to do so and to sign power of attorney on my/our behalf;

And 1/we undersigned do hereby agree to ratify and confirms all acts done by the Advocate or his substitute in the matter as my/our own act/s, as if done by me/us to all intents and purposes;

And 1/we undertake that 1/we or my/our duly authorised agent wouM appear .in court on all hearings and will inform the Advocate for appearance, when the cause is called;

And I/we the undersigned do hereby agree not to hold the Advocate or his substitute or his substitute responsible for the result of the said cause as a consequence of his absence from Court when the said cause is called for hearings or for any neglige11ce of the said Advocate/s or his substitute;

And Jlwe the undersigned do hereby agree that in the event of the whole or any part of the fee ag,reed by me/us to be paid to the Advocate, remaining unpaid, he shall be entitled to withdraw from the prosecution of the ca~1se un~il same is paid. J f any costs are allowed for and adjournment, the Advocate/s would be entitled to same.

IN WITNESS WHEREOF !/we do hereunto set my/our hands to these presents the contents of which have been understood by me/tos on this ... 23rd ..... day of April 2020

Accepted and Identified

. .

~~~~· Client (Ashut~) ;:.f~(.i\~wl 1 'f tiff Appearing in person (?'~~ ~~ ·


Sl. No.

I· 2..

3-

I



CS(OS) NO. OF 2020

IN THE MATTER OF:



INDEX -IV

LIST OF DOCUMENTS

Particular Possession Parties to Mode of Receipt and Page Nos.

Power each Execution Custody of the Control and documents documents custody of

the documents

].,.,d.f.'tf " , v , Notice dated Original Plaintiff and Computer Custody of 2.- 6 22.4.2020 with the defendants print and the signed

plaintiff Sent to copy of the defendant notice with s by email plaintiff

Excerpt/ Original Defendants Defendant With

"" Extract of with the Nos 3-7 defendants video clip of Defendants created Episode 4 of and aired/ Season 1 of streamed TV by Webseries defendant "Hasmukh" nos 1-2

p~ ASHUTO~Y &. ABHISHEK CHAUHAN



Date : 23.4.2020

Place: New Delhi




~,~·<, ASHUTOSH DUBEY B.Sc., LL.M., MHR, DLL & LW, DCS

Advocate-on-H.ecord, Code 2408 Suprente Court of India

BY E-MAIL

Date: 22.4.2020

To 1. Netflix, Inc

100 Winchester Circle, Los Gatos, CA 95032 Email : [email protected]

2. Netflix Entertainment Services India LLP. Maker Maxity, Level 7, 4th North Avenue, Bandra Kurla Complex, Bandra East Mumbai Mumbai City .. MH 400051 Email: [email protected]

3. Emmay Entertainment & Motion Pictures 3rd Floor, Terminal 9 Building 70-C Nehru Road, Next to Orchid hotel, near Terminal 1, Vile Parle East, Mumbai, Maharashtra 400099 [email protected]

4. Applause Entertainment Pvt. Ltd. IL&FS Financial Centre, SA, G Block Rd, Sandra Kurla Complex, Sandra East, Mumbai, Maharashtra 400051 [email protected]

5. Vir Saran Das @Vir Das Director of Weirdass Comedy Pvt. Ltd. 396/20/10, Bir Sagar, Gazder Park North Avenue Santacruz West, Mumbai 400054. [email protected]

6. Nikhil Gonsalves 3rd Floor, Terminal 9 Building 70-t Nehru Road, Near Terminal 1, Vile Parle East, Mumbai, Maharashtra 400099

7. Nikkhil Advani 3rd Floor, Terminal 9 Building 70-C Nehru Road, Near Terminal 1, Vile Parle East, Mumbai, Maharashtra 400099

. .

Office : A-335, Defence Colony, New Delhi -110024, Ph: 46584291, (M) 9953587630 Chamber: 707, Block- III, Delhi High Court, Sher Shah Road, New Delhi. e-mail : [email protected]


·- ASHUTOSH DUBEY B.Sc., LL.M., MHR, DLL & LW, DCS

Advocate-on-Record, Code 2408 Supreme Court of India

Sub:: Cease and Desist notice from further telecast/ airing/ streaming of TV (Web) Series namely, "Hasmukh" airing on Netflix (www.netflix.com) on online platform/ App in India and for causing Defamation

Sir/ Madam,

That the undersigned is registered and enrolled with Bar Council of India, Delhi and Delhi Bar Council and is a practicing advocate and appearing before the Supreme Court of India and various other fora pan India do hereby serve upon you the following legal notice.

1. The law is a guidepost for minimally acceptable behavior in society. Sam~. semblance of order is necessary in a civil society and is therefore reflected in law. The law-when enforced-provides order consistent with society's guidelines. The Society is a 'webrelationship' and social change obviously means a change in the system of social relationship where a social relationship is understood in terms of social processes and social interactions and social organizations.

2. Law plays an important indirect role in regard to social change by shaping a direct impact on society. Law certainly has acted as a catalyst in the process of social transformation of people wherein the dilution of caste inequalities, protective measures for the weak and vulnerable sections, providing for the dignified existence of those living under unwholesome conditions etc. Social change involves an alteration of society; its economic structure, values and beliefs, and its economic, political and social dimensions also undergo modi.fication.

3. Legal system reflects all the energy of life within in any society. Law has the complex vitality of a living organism. Law is a social science characterized by movement and adaptation. The socio-legal significance of advocate's activity requires from an advocate high professionalism, knowledge of legislation and practical experience, mastering in tactical methods and means of advocacy and rhetorical skills. The lawyers/ advocates have stood at the center of society

Office: A-335, Defence Colony, New Delhi -110024, Ph: 46584291, (M) 9953587630 Ch•mber: 707, Block- Ill, Delhi High Court, Sher Shah Road, New Delhi. e-mail : [email protected]


I ,_

ASHUTOSH DUBEY B.Sc., LL.M., MHR, DLL & LW, DCS


for centuries. They're in a unique position to affect societal change as lawmakers and thought leaders.

4. The importance of lawyers in the contemporary society cannot be overemphasized. The Latin adage that man is a wolf to man gives the tip of what the world would have become in the absence lawyers. Lawyers are agents of peace and order in the society. In the actual sense no ·society can exist without lawyers. Lawyers perform a critical role in the promotion of social order by the administration of the law in a · manner which answers the fundamental requirements of justice, namely fair outcomes arrived by fair procedures.

5. That you, Noticee No. 1 alongwith its subsidiaries and countrywise associates are a streaming service which act as a platform for watching a wide variety of award-winning TV shows, movies, documentaries, webseries and more on thousands of internetconnected devices on subscript ion basis and enjoy a wide audience from all corners of world .

.. 6. That the noticee No.3 and 4 are the production company which is

one of the creators of the webtelevision mini series (show) titled " HASMUKH", directed by Nikhil Gonsalves, co-created and written by Nikkhil Advani and Vir Das, was released on 17.04.2020 and is being aired on online platform /appellant "Netflix" (www. Netflix.com). the said show is available for viewing to all the subscribers all over the world which are, even by a conservative estimate, not less than 180 million as reflected on google.

7. That in the said show of webseries of Hasmukh, in the episode no.4 of Season 1, "Sambai ka Sambu", the protagonist, (Noticee no. 4), the writer (Noticee No. 7) and the Director (Noitcee No.6) have alleged lawyers to be thieves, scoundrels, goons and have had the indecency to address lawyers as "rapists". The said statements are reduced herein for ready reference:

" .. are kya gareeb ki tokri se tum loan maang rahe ho? Bache ki chaddi ke andar tum qutub minar dhoond rahe ho .. aisa pehls sa her dekha hai humane jahar chor bhi

Office: A-335, Defence Colony, New Delhi -110024, Ph: 46584291, (M) 9953587630 Chamber: 707, Block- III, Delhi High Court, Sher Shah Road, New Delhi. e-mail : [email protected]

4


I

• .. ASHUTO .. SH DUBEY B.Sc., LL.M., MHR, DLL & LW, DCS


bade aamir hote hain. Lekin yahan unka naam chor nahi, vakeel hota hai. Aapke vakeel sahib sabse bade kameene aur chor hote hain. Ye kanoon ka thekedar, jo kabhi nahi honge giraftaar, kyunki yeh kalam ke saath karte hain balatkaar. Arrey

· bahiya log kahate hain ki kanoon andha hota hai, main kahata hoon Mumbai me kanoon ganda hota hai, kyunki har wakeel ke haath me chota sa itna danda hota hai ••• "

'·

8. That it is not only the advocates, who have been demeaned and disgraced in the show but you have not left the police too especially UP Police and the politicians.

9. That the said statements are highly defamatory and bring disrepute to the law profession and lawyers/advocates in the eyes of general public. The said remarks have caused utmost damage to legal profession and impugn the image of lawyers in the eyes of millions of viewers/ subscribers who visit the streaming website where the show is being streamed.

10. That the said scandalous statements cannot be justified by any stretch of imagination or logic reasoning whatsoever and are in a very bad taste. It not only casts aspersions on Mumbai lawyers but it is on the complete lawyers community as a whole. It clearly shows that you have lost your brain and insight while writing such dialogues, directing and producing the said episode. You have forgotten that the Constitution of India was written by eminent lawyer, the person who led the front and compelled the Britishers to leave India was also a lawyer. The eminent jurists, lawmakers, pillars of the constitution and statutory laws, who have stood for the society and humanity were lawyers. The damage caused to the lawyers community and by extension, the undersigned, cannot be measured in monetary value by any yardstick. I cannot fathom the far reaching implications of such casual, false, derogatory comments made on the show " Hasmukh" which is being allowed to stream/ play despite its character assassination that is writ large.

11. That your statements are a blot on the lawyers community. The said vexatious statements are a constant stigma on the ..

Office: A-335, Defence Colony, New Delhi -110024, Ph: 46584291, (M) 9953587630 Chamber: 707, Block- III, Delhi High Court, Sher Shah Road, New Delhi. e-mail : [email protected]


I

j I

.. " ASHUTOSH DUBEY

B.Sc., LL.M., MHR, DLL & LW, DCS

Advocate-on-Record, Code 2408 Suprente Court of India

unblemished image of lawyers and a constant source of annoyance to the undersigned and have lowered the image of lawyers and the undersigned amongst the public at large and have become a laughing stock rather to be pnkised as kanuni balatkari (legal rapist). The ·· said statements and comments are false, baseless, unauthentic, casting aspersions on character, defaming lawyers and damaging the reputation and law profession amongst the general public across the world. I say that the said statements are deliberate and intentional attack to malign image of noble profession who have been engaged for ages in providing their selfless services to every section of the society and gain cheap publicity of the show. It is assumed that before making any statements in general by the media production houses, basic homework is done as such

~·

statements have far reaching effects and repercussions. Such an /; act of defaming legal profess~onals amongst the general public fJ through an online TV (Web) Series on webportals is clearly an act falling within the ambit of defamation and committing breach of trust reposed in filmmakers, media houses about showing the true and verified facts.

12. That by way of present notice you are hereby called upon to immediately stop further airing or streaming of the episodes of Webseries "Hasmukh" and especially Episode 4 of Season 1 with immediate effect and tender an unconditional apology online stating clearly that he aspersions casted by you via the Webseries show "Hasmukh" are frivolous and baseless and have caused damage to the reputation and maligned image of lawyers. You all are further called upon immediately to delete/ destroy/ remove the aforesaid statements I contents from the show "Hasmukh" airing on Netflix (www.netflix.com) and cease and desist from maligning lawyers in any manner whatsoever.

13. That in case you fail to comply with the terms of the notice within 24 hours of receipt of it, we will be constrained to initiate appropriate civil and/or criminal proceedings, against you all and other concerned behind the said statements and you will be held responsible for the costs and consequences arising therefrom.

A copy of the notice is retained necessitated.

ASHU

Office: A-335, Defence Colony, New Delhi -110024, Ph: 46584291, (M) 9953587630 Chamber: 707, Block- lll, Delhi High Court, Sher Shah Road, New Delhi. e-mail : [email protected]

' if


....




IN THE MATTER OF:



7

Excerpt of the audio/video clip of the Episode 4 of

Season 1 of TV Show Webseries Hasmukh

" ..... are kya gareeb ki tokri se tum loan maang rahe

ho? Bache ki chaddi ke andar tum qutub minar dhoond

rahe ho .... aisa pehla sa her dekha hai humane jahar

chor bhi bade aamir hote hain. Lekin yahan unka

naam chor nahi, vakeel hota hai. Aapke vakeel

sahib sabse bade kameene aur chor hote hain. Ye

kanoon ka thekedar, jo kabhi nahi honge

giraftaar, kyunki yeh kalam ke saath karte hain

balatkaar. Arrey bahiya log kahate hain ki kanoon

andha hota hai, main kahata hoon Mumbai me

kanoon ganda hota hai, kyunki har wakeel ke

haath me chota sa itna danda hota hai •.. "

TRU~ Scanned with CamScanner

. ·.:

·•·• ··· I

Documents

suit Netflix · Episode 4 of Season 1. with Immediate effect and tender an · unconditional apology online related to the aspersions casted via the Webserles TV show "Hasmukh", and/or