Mulla & Mulla, acting for its client Anil Ambani, has served a legal notice on Google and Pranav Sachdeva, a junior of advocate Prashant Bushan, for a blog post on Ambani entitled “Black money of Anil Ambani (Prashant Bhushan’s Complaint SIT)”, allegedly posted by Sachdeva on Google’s blogging platform.
The post was the content of an SIT filed by Bhushan against Ambani, hosted at http://bharatkalyan97.blogspot.in/2014/07/blackmoney-of-anil-ambani-prashant.html – a blogging service owned by Google.
The notice sent by Mulla & Mulla partner DJ Kakalia states:
The title and contents of the blog are grossly defamatory and falsely suggests to the reader of the blog that our client is involved in black money transactions and a complaint of money laundering has been filed against our client in relation to the 2G Scam on the basis of fresh evidence.
The purported Show Cause Notice to our client alleging his involvement in any money laundering is a figment of imagination and no such Show Cause Notice has ever been addressed to our client. Our client also does not hold any executive position in any Company and is also not a Managing Director of any Company.
…
In the circumstances, we have been instructed by our client to call upon you, which we hereby do, to take immediate steps for removing / deleting the said blog from your blogging platform / facility and to ensure that the same is not repeated and to also disclose the identity, address and complete details of the blogger who has posted/uploaded the malicious blog on your blogging platform / facility, failing which, our client will consider himself at liberty to take such steps, civil and/or criminal, including filing a complaint with the Cyber Police, Mumbai regarding the above blog against you all, as he may be advised and you all will be held responsible for the costs and consequences thereof.
Bhushan replied in a letter to Ambani, which has also been uploaded to the blog:
You have sent a notice for defamation to Google on 21st July 2014 for allowing its blogging site to host a blog where someone has uploaded a copy of my complaint to the SIT against you. You have also addressed the notice to my junior advocate who had only sent the copy of the complaint to a few select persons on my instructions. It is strange that you have sent the notice to them and not to me who is the author of the complaint.
Mulla & Mulla was also briefed by Anil Ambani in a legal notice served on the authors and publishers of the book Gas Wars, which is critical of the Ambani brothers.
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Google will take down the blogs, just as they did in previous cases see this link
delhihighcourt.nic.in/dhcqrydisp_o.asp?pn=176235&yr=2013
in which Google India, Singapore and Malaysia blogs were removed on Delhi HC's orders.
Defamation is not required to be proven. It was pleaded as defamation of a third party other than the petitioner. Petitioner was a private international school group and even sexual allegations were made against one of the male teachers in the Indian blog (It is not Vibgyor International, for avoidance of doubt check delhihighcourt.nic.in/dhcqrydisp_o.asp?pn=39418&yr=2013 ). Despite weaknesses the plus point is that Google is most likely to comply and remove the offending blog as in this case.
However one problem which beats the best legal brains is that the petitions remain filed in Court website like a permanent record.
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