The Supreme Court on Friday refused to entertain a special leave petition filed by news portal Cobrapost challenging a trial court order that permitted industrialist Anil Ambani to withdraw an earlier defamation suit with liberty to institute a fresh suit on the same cause of action.
A Bench comprising Chief Justice of India Surya Kant, Justice Joymalya Bagchi and Justice Vipul Pancholi observed that the petitioner had adequate alternative remedies available under civil law and directed the portal to pursue its pending proceedings before the Delhi High Court.
The dispute arises from reports published by Cobrapost alleging that companies associated with Ambani were involved in an alleged fraud exceeding ₹41,000 crore. Ambani had earlier instituted a civil defamation suit against the portal and certain media entities before a Delhi trial court. Subsequently, the suit was withdrawn after the court granted liberty to file a fresh suit.
Appearing for Cobrapost, counsel contended that the trial court granted permission under Order XXIII of the Code of Civil Procedure without issuing notice to the defendants or granting them an opportunity of hearing. It was argued that withdrawal of a suit with liberty to institute fresh proceedings can only be permitted in limited circumstances contemplated under Order XXIII Rule 1 CPC and that the defendants possessed a substantive right to oppose such relief.
The petitioner further argued that permitting a fresh suit on the same cause of action prejudiced the pending challenge before the Delhi High Court and could potentially render the proceedings infructuous. However, the Supreme Court observed that if a fresh plaint is filed, Cobrapost would remain at liberty to raise objections regarding maintainability, territorial jurisdiction and abuse of process before the competent civil court.
The Bench also noted that Cobrapost’s application seeking recall of the trial court’s order is already pending adjudication before the High Court. The Court observed that in the event the High Court allows the challenge, the original suit could stand restored.
During the hearing, Cobrapost additionally questioned the maintainability of the original proceedings before the Delhi court, arguing that Ambani’s principal economic and social connections are situated in Mumbai and that the doctrine of forum convenience would favour courts in Maharashtra rather than the Karkardooma court in Delhi. It was also submitted that the plaint allegedly failed to quantify damages, thereby raising issues relating to valuation and maintainability of the defamation claim.
The Supreme Court declined to examine those objections at this stage and held that such issues would first require adjudication before the appropriate civil forum if fresh proceedings are instituted. The Bench also refused to issue a direction for expedited disposal of the matter by the Delhi High Court, while granting liberty to the petitioner to move an appropriate application before the High Court seeking early hearing.
Earlier, the Delhi High Court had issued notice on Cobrapost’s plea challenging the December 10, 2025 order of the trial court permitting withdrawal of the defamation suit with liberty to file afresh. The High Court had sought responses from Ambani, Live Media & Publishers Private Limited and Bennett Coleman and Company Limited.
The controversy traces back to November 17, 2025, when the Delhi trial court declined to grant an ex parte ad interim injunction sought by Ambani against the media organisations. The court had held that the defendants were entitled to an opportunity of hearing before the issuance of any prior restraint or gag order. The suit was subsequently withdrawn.
Cobrapost has contended that the impugned withdrawal order is ex facie contrary to the statutory scheme under the Code of Civil Procedure and violative of principles of natural justice.
The matter is titled COBRAPOST.COM v. ANIL D. AMBANI AND ORS., SLP(C) No. 18891/2026.
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