1 suit-1203-09 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION jmi SUIT NO. 1203 OF 2009. Salvadore Saldanha. ..Plaintiff. vs. Annie D’Souza & Anr. ..Defendants. .... Mr. Prakash G. Lad, for Plaintiff. Mr. A.R. Shaikh, for Defendants. Mr. Salvadore Saldanha, Plaintiff, present. Ms. Annie D’Souza, Defendant No.1, present. .... CORAM : S.J. KATHAWALLA, J. DATE : 2ND FEBRUARY 2011. P.C. By this Suit, the Plaintiff has sought an order and decree against the Defendants to pay a sum of Rs.10,00,000/- towards the damages for defaming the reputation and image of the Plaintiff. The Plaintiff has also sought a permanent order and injunction against the Defendants from causing further damage to the Plaintiff’s reputation in any manner whatsoever. 2. The Plaintiff is the Secretary of the Salex Centre Co- operative Housing Society at Salex Centre, Kalina, Santacruz (East), Mumbai-400 029. The Defendants reside at Flat No.G-02 in the said Society. Certain disputes are pending between the Defendants and a member of the Society who claims to be the owner of the flat which is presently occupied by the Defendants. The said dispute is the subject matter of the Suit pending before the Small Causes Court, Mumbai being R.A.E. Suit No. 192 of 2009. 3. According to the Plaintiff, the Defendants have on several occasions made statements/allegations against the Plaintiff 2 suit-1203-09 which are defamatory in nature. The Defendant No.1 has also rushed into the office of the Plaintiff and has abused the Plaintiff. The Defendants have denied/disputed the allegations. 4. In view of the above facts and circumstances, this matter is kept in chamber and after hearing the learned Advocate appearing for the parties as well as Defendant No.1 who is present in Court, the following order is passed by consent of the parties : (i) The Defendant No.1 shall not repeat the statements/allegations made by her against the Plaintiff which are defamatory in nature. In the event of the Defendants having any grievances against the Plaintiff, they shall approach their Advocate who in turn shall address a letter to the Advocate for the Plaintiff setting out their grievances. (ii) The Defendants shall be at liberty to file complaint/proceedings before the appropriate authorities/Courts as regards their grievances against the Plaintiff. However, the Defendants shall in such complaints/grievances not make any allegations against the Plaintiff which are defamatory in nature. (iii) In view of the above, the Plaintiff is not pressing for any damages against the Defendants. (iv) This order shall not in no way affect the rights and contentions of the Defendants in R.A.E. Suit No. 192 of 2009. (v) The Suit is accordingly disposed of. Refund of Court fees as per Rules. [ S.J. KATHAWALLA, J. ]