ash 1 caf-1581.11 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELATE JURISDICTION CIVIL APPLICATION NO.1581 OF 2011 IN FIRST APPEAL NO.1286 OF 2009 F.D.C. Limited .. Applicant Vs Shri D.P. Dubey .. Respondent -- Shri N.Y. Gupte for the Applicant. Ms Gayatri Singh for the Respondent. -- CORAM ; A.S. OKA, J DATED : 7TH JULY, 2011 P.C. . Heard learned counsel appearing for the Applicant and learned counsel appearing for the Respondent. 2. The Applicant is the original Plaintiff and the Respondent is the original 2nd Defendant. The suit was filed by the Applicant claiming compensation on account of the publication of the alleged defamatory material against the Applicant. The second prayer in the suit was for injunction restraining the Defendants from publishing and circulating scandalous, frivolous and defamatory materials against the Applicant. The suit has been dismissed. The First Appeal challenging the decree has been admitted for final hearing. ash 2 caf-1581.11 3. The learned counsel appearing for the Applicant pointed out that all along during the pendency of the suit, there was an injunction operating against the Respondents. He invited the attention of the Court to the orders passed on Notice of Motion pending the suit. The learned counsel appearing for the Respondent opposed the grant of interim relief. Her submission is that after the Applicant has failed to prove that the Respondent has indulged in the defamation of the Applicant, now the Applicant is disentitled to get any reliefs. The learned counsel submitted that the Applicant is claiming a blanket relief which cannot be granted as it will prevent the Respondent from publishing or issuing any statements against the Applicant which in law the Respondent is entitled to do. 4. An appeal challenging the impugned decree has been admitted for final hearing. The ad-interim relief was granted by the Trial Court on 24th June, 1999 by which the Defendants were restrained from publishing or circulating any hand bill or news items containing any material against the Applicant. The said ad-interim order was confirmed on 14th July, 1999 which remained operative till the date of the disposal of the suit. Though the Applicant is entitled to interim relief, such a blanket interim relief cannot be granted which will prevent the Respondent from publishing any material against the ash 3 caf-1581.11 Applicant. 5. Hence, the Application is disposed of by passing the following order: ORDER: (a) The Respondent is restrained by an order of temporary injunction till the disposal of the Appeal from publishing or circulating any circulars/hand- bills or news items containing any defamatory statements against the Applicant. (b) The Application is disposed of on above terms with no orders as to costs. ( A.S. OKA, J )