Supreme Court refuses to entertain Cobrapost plea against Anil Ambani’s fresh defamation suit

New Delhi: The Supreme Court on Friday declined to interfere with a trial court order that allowed industrialist Anil Ambani to withdraw his defamation suit against news portal Cobrapost and file a fresh one on the same cause of action.

A bench of Chief Justice of India Surya Kant and Justices Joymalya Bagchi and Vipul Pancholi said that the petitioner had alternate remedies available under civil law and refused to entertain the plea.

A counsel for Cobrapost argued that the trial court had granted liberty to file a fresh suit without hearing the portal, even though such permission under Order XXIII of the Code of Civil Procedure is available only under limited circumstances. 

“He has been granted liberty to file a fresh suit on the same cause of action. Under the Rules there are only two conditions under which this can be granted and I have a right of hearing,” the counsel submitted.

The bench, however, noted that Cobrapost’s application seeking recall of the trial court’s order was already pending before the high court. 

When the portal’s counsel expressed apprehension that a fresh suit could render its challenge infructuous, the bench pointed out that Cobrapost could raise objections regarding maintainability once the new suit is filed and notice is issued.

The court also declined a request to direct that any fresh suit be subject to the outcome of the pending high court proceedings. 

It, however, granted liberty to Cobrapost to approach the high court for expeditious disposal of the matter.

The counsel further questioned the filing of the original suit in Delhi, contending that Ambani had substantial economic and social ties with Mumbai and that forum convenience favoured courts there. 

The bench responded that issues of jurisdiction and maintainability should first be raised before the civil court if a fresh suit is instituted.

The case relates to Cobrapost’s reports alleging that companies linked to Anil Ambani had committed a fraud exceeding Rs 41,000 crore. 

Ambani had filed a defamation suit in a Delhi court, which was later withdrawn on December 10 last year with liberty to file a fresh suit.

The Delhi High Court had on April 6 issued notice on Cobrapost’s challenge to the trial court order but declined interim relief, prompting the portal to approach the Supreme Court.

On November 17, 2025, the trial court had dismissed Ambani’s application for an ex-parte ad interim injunction, observing that the defendants deserved an opportunity to be heard.