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2021 Supreme(Bom) 1659

MADHAV J. JAMDAR
Dhyandev Kachruji Wankhede – Appellant
Versus
Nawab Malik – Respondent


Advocates appeared:
Arshad Shaikh, Advocate, Divakar Rai, Advocate, R.S.Rane, Advocate, Bhavika Solanki, Advocate, Nitin Rai, Advocate, Saurabh Tamhankar, Advocate, Atul Damle, Advocate, Ramesh Dube Patil, Advocate, Kunal Damle, Advocate, Rajesh Tekale, Advocate, Ashish Gaikwad, Advocate, Anandrao Kate, Advocate, Rushikesh Sable, Advocate, Komal Bhoir, Advocate

JUDGMENT

1. Heard Mr. Arshad Shaikh, learned Senior Counsel for the Plaintiff and Mr. Atul Damle, learned Senior Counsel for the Defendant.

2. At the outset Mr. Shaikh, the learned Senior Counsel appearing for the Plaintiff clarified that at this stage the Plaintiff is only pressing for ad-interim relief in terms of prayer clause 5 (c) of the Interim Application. The said prayer clause 5(c) is reproduced herein below for ready reference :-

    "(c) Pending the hearing and final disposal of the present Interim Application, this Hon 'ble Court be pleased to pass an order of injunction preventing and / or restraining the Defendant, his agents, servants, authorized representatives, his party members and all others acting under and on his instructions from publishing, writing, speaking in any media, including electronic media and the social media handles, or publishing in any manner whatsoever any content / material which is defamatory about the Plaintiff and / or his family members. "

    3. Before considering the rival submissions it will be necessary to set out the pleadings of the parties. The Plaintiff 's case as set out in the plaint is as follows:-

      "(a) The Plaintiff is retired Government

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