OFB Tech Private Limited, its directors and senior-level employees (plaintiffs) have filed a suit seeking damages of ₹2 crores from research and media company, The Morning Context, for an allegedly defamatory news article [Asish Mohapatra and Ors. vs. Slowform Media Pvt. Ltd. and Ors.].

OFB has also sought the takedown of the article titled 'OfBusiness co-founders and management allegedly assaulted an employee, says FIR.'

Justice Vikas Mahajan today issued notice in the matter and directed the parties to submit a short note with relevant judgments. 

The matter is next listed on January 13 before the Joint Registrar and on February 12, 2025, before the Court.

The October 7 news article in focus was authored by Abir Dasgupta (editor at The Morning Context) and reported on a criminal complaint lodged by a former employee of OFB, who alleged that he was kidnapped, threatened and physically assaulted at the company’s Gurugram headquarters in August.

OFB has denied this version of events in its plaint, adding that it was the complainant who came to the Gurugram office to confess certain wrongdoings and misconduct and to amicably settle the matter by paying or collecting dues.

"Subsequently on 17.08.2024, the FIR was registered against the Plaintiffs for an alleged incident of 14.08.2024 which never took place," the plaint said.

According to OFB, The Morning Context published a lopsided article on the former employee's frivolous allegations, as part of a pre-planned conspiracy to belittle, injure and cast aspersions on the credibility, repute, goodwill, character and standing of OFB.

OFB added that The Morning Context went beyond just reporting on the first information report (FIR) by passing stray remarks on the company's functioning which were not verified or fact checked.

"The Defendants (Editor-in-Chief, editors, directors of The Morning Context) have tried to link the alleged incident to the work culture and business model of the company specifically targeting them to ensure they earn a bad reputation in the market. Apart from only passing stray remarks, the news article not only gives a detailed description but also seems to become a mouthpiece of the Complainant to record each and every detailed description of facts which are not even a part of the complaint or the FIR," the plea added.

The counsel appearing for Slowform Media Private Limited (publisher of The Morning Context) today took the defence of truth, fair comment and qualified privilege. It was submitted that when there is an element of public interest, there is a right to publish about it.

Senior Advocate Bansuri Swaraj appeared for OFB today and maintained that the reporting of the incident in The Morning Context was malicious. Since the insinuations made in the article travelled beyond the contents of the FIR, the defence of “fair comment” cannot be taken, she said.

It was also submitted that The Morning Context deliberately used certain damaging keywords such as ‘kidnapping’ to defame OFB.

OFB has contended that the article was deliberately published at a time when the company was on the verge of launching its Initial Public Offer (IPO).

Senior Advocate Swaraj further pointed out that the allegations in the defamatory have spread like wildfire. The cascading effect of this was such that other publications are reaching out for OFB’s comments and employees are encashing stock options (ESOPs), the plea said. These allegations have shaken the confidence of the investors, OFB argued.

OFB has sought an injunction against The Morning Context to restrain them from disseminating the article any further. The company has urged the Court to declare the article as defamatory and to order a takedown of the same. OFB has also sought an unconditional apology from The Morning Context apart from ₹2.02 crores as damages.

The plaint by OFB was filed through advocates Sanyam Khetrapal and Prakriti Anand.