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2025 Supreme(Online)(Bom) 351765

IN THE HIGH COURT OF JUDICATURE AT BOMBAY


ORDINARY ORIGINAL CIVIL JURISDICTION


INTERIM APPLICATION (L) NO.14438 OF 2025


IN


SUIT (L) NO.14435 OF 2025


Girish Dattatray Mahajan … Applicant


V/s.


Anil Thatte & Ors. … Respondents


In the matter between


Girish Dattatray Mahajan … Plaintiff


V/s.


Anil Thatte & Ors. … Defendants


Mr. Ravi Kadam, Senior Counsel, Mr. Mayur Khandeparkar, Mr. Rohan Kadam,


Mr. Prahlad Paranjpe, Ms. Shubra Paranjpe, Rushikesh Mundargi, Manish


Kelkar, Subir Sarkar, Ativ Patel, Harshad Vyas, Viloma Shah, Viraj Raiyani, Yash


Tembhe i/by AVP Partners for the Plaintiff.


Ms. Charu Shukla for Defendant No.3.


CORAM : ARIF S. DOCTOR, J.


DATE : 08TH MAY 2025

P.C. :

1. The matter is on board today for ad interim relief.

2. Mr. Kadam, Learned Senior Counsel appearing on behalf of the Plaintiff, at the outset tenders a draft amendment, by which the Plaintiff seeks to add Google LLC as a Defendant to present Suit. Given the formal nature of the amendment sought for, the draft amendment is taken on record and marked ‘X’ for identification. The amendment is allowed in terms of the draft amendment. The Plaintiff shall carry out the amendment as per the draft tendered within a period of two weeks from today. Re-verification is dispensed with.

3. Mr. Kadam then submits that the Suit is filed for defamation essentially on account of the various false, reckless and unsubstantiated allegations made by Defendant No. 1 in respect of the Plaintiff. He submits that Defendant No. 1 has been served and undertakes to file an Affidavit of Service in the Registry within one week from today. Statement is accepted. Insofar as Defendant No. 2 is concerned, Mr. Kadam submits that his address is unknown but he has been served and intimated through a WhatsApp message and similarly submits that the Affidavit of Service shall be filed in the Registry. Statement is accepted. Thus, the matter taken up for hearing on ad interim reliefs.

4. Mr. Kadam submits that the Plaintiff, is a sitting Cabinet Minister of the State Government and has been Member of Legislative Assembly since the

year 1995. He then submits that Defendant No.1 has a YouTube channel called ‘Anil Gaganbhedi Thatte’ on which Defendant No.1 has uploaded five videos in which Defendant No.1 has made a false, reckless and defamatory statements against the Plaintiff. Mr. Kadam then submitted that these video clips have not only garnered several views, but have also been widely disseminated to the public at large. Mr. Kadam submitted that there are presently six such offending videos, five of which have been uploaded on the YouTube channel of Defendant No. 1 i.e. ‘Anil Gaganbhedi Thatte’ and one on the YouTube channel of Defendant No. 2 i.e. ‘Mudda Bharat Ka’.

5. Mr. Kadam then played for the Court one of the video clips from which he highlighted the portion in which the defamatory statements have been made by Defendant No. 1. He then pointed out that the video which was uploaded on 1st April 2025, which titled as “How Girsh Mahajan’s Nights are Colourful” and from the transcript of videos pointed out that Defendant No. 1 had gone on to make entirely false statements and insinuations against the Plaintiff including insinuations of the Plaintiff’s conduct with a lady IAS officer for which the Plaintiff had been reprimanded by a senior Union Cabinet Minister. He submitted that all these statements and insinuations were completely reckless, false and per se defamatory.

6. Mr. Kadam then submitted that Defendant No.1 had on 8th April 2025 uploaded a video with a title “Girish Mahjan wants 100 Crores… another sensational revelation” which records Defendant No. 1 stating as follows :

“So now if that notice comes, I will read it out to you. You know, there is formula of such notices, Now, I have almost learnt by heart and do you know what my advocate say on such kind of notice. I have even learnt that also by heart and how to face it is also learnt by heart. So now if such notice of 100 crores comes, sorry what happens together with five cases, I call it 500 Crores. Therefore by mistake I call it 500.”

7. Mr. Kadam then pointed out that the Plaintiff’s advocates had on 10th April 2025, issued a cease-and-desist notice to Defendant No.1. He submitted that despite receipt of the cease-and-desist notice, however Defendant No.1 on 14th April 2025 uploaded another video in which Defendant No. 1 inter alia has stated that “Arey, we will enjoy a lot, Dear, when **** stands up for giving evidence……*** has said why are you calling me as witness in a matter of such miniscule animal”.

8. Basis the above, Mr. Kadam submitted that it was clear that the intention of Defendant No. 1

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