1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR Writ Petition No.2864 of 2010 (T.V. Today Network Ltd., New Delhi v. Academy of Nutrition Improvement) Office Notes, Memoranda of Coram, appearances, Court's orders or directions Court's or Judge's orders and Registrar's order Shri Shyam Dewani, Advocate for Petitioner. Shri S.J. Khandalkar, Advocate for Respondent. Coram : R.M. Borde, J. Dated : 2 nd July, 2010 The respondent/original plaintiff instituted Regular Civil Suit No.621 of 2009 against the petitioner herein. The petitioner is a Company, which is broadcaster of 24 hours Hindi News Channel “Aaj Tak” and “Headlines Today” in English. The petitioner has also introduced Hindi News Channel by name “Tej”. It is not necessary to go into the factual details of the matter in order to decide the controversy involved in the matter. Suffice it to note that the respondent is a Scientific Organization for the purpose of creating awareness among the public and promote public education in respect of HIV/AIDS, Khesari Pulse as well as and malnutrition. The respondent has filed a suit against the petitioner claiming damages to the tune of Rs.1,00,000/- on account of action of the petitioner in broadcasting allegedly false and fabricated news item on 15-6-2009 on News Channel “Aaj Tak” under the caption “Dalo Mein Jahar”. An order of permanent injunction is also sought against the petitioner/broadcaster from 2 restraining him from broadcasting any allegedly false news item in respect of Khesari Pulse. An application seeking temporary injunction came to be presented by the respondent restraining the broadcaster from broadcasting any such news items in respect of Khesari Pulse. The Trial Court, after considering the rival contentions, was pleased to allow the application and granted injunction as prayed for by the respondent. The petitioner/broadcaster presented an appeal bearing Misc. Civil Appeal No.98 of 2010 raising exception to the order of injunction passed by the Trial Court. The said appeal is stated to be pending before the learned District Judge, Nagpur. An application Exhibit 3 came to be presented by the petitioner/broadcaster seeking stay to the interim order of injunction passed by the Trial Court. However, the Appellate Court, while dealing with the interlocutory application, has turned down the request of the petitioner. Being aggrieved, the petitioner has approached this Court raising exception to the interlocutory order passed by the Appellate Court rejecting the application seeking interim stay to the order of the Trial Court. Considering interlocutory nature of order under challenge in this petition, and without going into the merits of the controversy, ends of justice would be met if the District Court is directed to decide the pending Misc. Civil Appeal No.98 of 2010 expeditiously and within the stipulated period. In this view of the matter, the District Court, Nagpur is directed to decide the pending Misc. Civil Appeal No.98 of 2010 as expeditiously as possible and preferably within one month from the date of receipt of writ of this Court. 3 Needless to mention that the Appellate Court shall deal with the matter on its own merit and in accordance with the provisions of law. It is also clarified that this Court has not expressed any opinion in respect of the merits of the controversy involved in the matter. With these observations and directions, the petition stands disposed of. Judge. pdl.