IMPORTANT POINTS
When the main case is pending it is not proper to prosecute its off-shoot proceedings.
Once the pleadings are completed the court should make sincere endeavour to dispose of the lis on merits.

JUDGMENT

Abhay Manohar Sapre, J.

1) Leave granted

2) These appeals are filed against the Interim Order dated 26.02.2014 passed by the High Court of Judicature at Bombay in Contempt Petition (L) No. 105 of 2013 in Notice of Motion (L) No. 1553 of 2013 in Suit (L) No. 677 of 2013 and Interim Order dated 31.10.2014 in Contempt Petition No. 29 of 2014 in Notice of Motion No. 488 of 2014 in Suit No. 284 of 2014.

3) The facts of the case, which lie in a narrow compass, however, need mention in brief to appreciate the issue involved in these appeals.

4) The appellants are the defendants whereas the respondent is the plaintiff.

5) The respondent (plaintiff) has filed one suit being Civil Suit (L) No. 677 of 2013 (renumbered as Civil Suit No. 284/2014) against the appellants (defendants) in the High Court of Bombay on its original side for claiming the following reliefs:

“a. that the Defendants and each of them (by themselves and by/through their servants, employees, affiliates, associates and agents) be permanently restrained/injuncted by an order of this Hon’ble Court, from in any manner writing to third parties, letters that are defamatory in nature against the Plaintiff, its management and/or its promoters;

b. that the Defendants be directed to issue an unconditional public corrigendum, withdrawing the letters and e-mails written by it to third parties. Independent Directors and Regulatory Authorities, and apologizing for the defamatory actions on its part;

c. that the Defendants jointly and severally be decreed to pay to the Plaintiff damages of Rs. 25 Crores, as set out at Exhibit A herein, or such other amount as this Hon’ble Court seems just and appropriate;

d. that pending the hearing and final disposal of the Suit, the Defendants and each of them (by themselves and by/through their servants, employees, affiliates, associates and agents) be restrained, by order and injunction of this Hon’ble Court, from in any manner further issuing any defamatory letters, notices, emails, etc., in connection with and/or pertaining to and/or relating to the Plaintiff, its senior officials and promoters;

e. interim, ad-interim and ex-parte ad-interim reliefs in terms of prayer (a) (b) and (d) above, for costs;

g. for such further and other reliefs as this Hon’ble Court deems appropriate in the nature and circumstances of the case.”

6) The respondent in the aforementioned pending civil suit filed notice of motion being Notice of Motion (L) No. 1553 of 2013 (renumbered as 488 of 2014) against the appellants herein under Order XXXIX Rules 1 and 2 of the Code of Civil Procedure 1908 (in short “the Code”) and sought ad-interim relief in terms of prayers (a), (b) and (d) as extracted above during the pendency of the Suit.

7) By interim order dated 06.08.2013, the Single Judge granted ex parte ad-interim relief in terms of prayer (a) to the respondent. The appellants herein on receiving the summons filed their detailed reply to the Notice of Motion on 21.08.2013 denying inter alia all the material allegations made by the respondent. The respondent, in turn, filed their rejoinder on 06.09.2013 to the reply filed by the appellants to the notice of motion.

8) In this way, the pleadings in Notice of Motion No. 488/2013 taken out by the respondent against the appellants are complete. However, we are at pains to find out that till date, the hearing in the Notice of Motion has not been concluded and since the last two years it is pending for its final disposal on merits.

9) In the meantime, the respondent, felt aggrieved by certain communication alleged to have been made by or/and on behalf of the appellants, which according to the respondent were made by the appellant in violation of the ex parte interim order dated 06.08.2013, filed contempt petition under Section 12 of the Contempt of Courts Act, 1971 against the appellants being Contempt Petition No. 105/2013 (renumbered as 29/2014) in the High Court.

10) In the contempt petition, the respondent has, inter ali