1 nms-3675-s-3250-10 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION jmi NOTICE OF MOTION NO. 3675 OF 2010 WITH SUIT NO. 3250 OF 2010. National Sports Club of India. ..Plaintiffs. vs. Bennet Coleman & Co. Ltd. & Ors. ..Defendants. .... Mr. Cyrus Bharucha a/w. Mr. D.J. Kakalia, Ms. Bhavna Singh, i/b. Mulla & Mulla CBC, for Plaintiffs. Mr. S.R. Ganoo, i/b. Rajesh Ravindran, for Defendant Nos. 1 to 4. Mr. Vaibhav Krishna, i/b. M/s. Juris Consillis, for Defendant No.5. Mr. Jaisingh Choraria & Mr. T.C. Krishnaswamy, Representative of Plaintiff, present. Mr. Vijay Devadiga, Chief Manager (Legal) of Defendant No.1- Company, present. Dr. Mr. Shyam T. Nichani, Defendant No.5, present. .... CORAM : S.J. KATHAWALLA, J. DATE : 27TH JANUARY 2011. P.C. The grievance of the Plaintiffs in the present Suit is that the Defendant No.5 has allegedly made certain defamatory statements to the Press i.e. Defendant No.1 as regards granting of membership of the club to members’ children and construction of multi-utility hall or sports bar proposed on the second floor on annexe building of the Plaintiff’s Worli premises. Since the matter pertains to a dispute inter-se between the members/office bearers of the Plaintiffs-Club, this Court has kept the matter in chamber and has 2 nms-3675-s-3250-10 heard the learned Advocates appearing for the parties as well as the representatives of the Plaintiffs and Defendant No.5. 2. Defendant no.5 has informed the Court that he has been misquoted by the Press reporters. The learned Advocate appearing for Defendant Nos. 1 to 4 denies and disputes the assertion of Defendant No.5. Be that as it may, to put to an end to the present dispute and in order to arrest any further bitterness that may be created between the members/office bearers of the club, the following order is passed by consent of the parties :- (i) Defendant Nos. 1 to 4 shall not publish any article quoting the views of any members/office bearers of the Plaintiffs’ club qua the issues pertaining to the granting of the membership of the club to members’ children and the multi-utility hall or sports bar proposed on the second floor of annexe building of the Plaintiff’s Worli premises. (ii) The Managing Committee of the Plaintiffs as well as Defendant No.5 shall in response to any Press inquiry or on their own not issue any statements to the Press pertaining to the granting of the membership of the club to members’ children or the multi- utility hall or sports bar proposed on the second floor of annexe building of the Plaintiff’s Worli premises. (iii) This order shall not prejudice in any manner the 3 nms-3675-s-3250-10 rights and contentions of the parties i.e. the office bearers and members of the club including Defendant No.5 to pursue any action available to them in law qua the issues pertaining to the granting of the membership of the club to members’ children or multi-utility hall or sports bar proposed on the second floor of annexe building of the Plaintiff’s Worli premises. 3. In view of the above, the Plaintiffs are not pressing their claim for damages. The Suit is accordingly disposed of. The Notice of Motion also stand disposed of. Refund of Court fees as per Rules. [ S.J. KATHAWALLA, J. ]