1 suit1515-11.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION SUIT NO.1515 OF 2011 Darius Khambata .. Plaintiff Versus Virendranath B. Tiwari .. Defendant Mr.F.Devitre, Senior Advocate with Gaurav Joshi with Naina Variava i/b. Federal Rashmikant for plaintiff Mr.V.B.Tiwari defendant in person. CORAM : S.C.DHARMADHIKARI, J. 26th August 2011. P.C.: 1] Mentioned not on board. 2] This is a suit filed seeking a permanent order and injunction restraining defendant, including his servants, agents and any other person acting through the defendant or on his behalf from further publishing or communicating to any person or parties the defamatory statements, allegations and insinuations contained in Exhibits K, L and M to the plaint and further making or publishing any false, misleading and/or defamatory statements or any allegations or insinuations in relation to the plaintiff so also for 2 suit1515-11.doc damages. 3] In such a suit and since both plaintiff and defendant are Advocates and legal practitioners and after mutually discussing the matter, they resolved the differences between them. It is on account of certain misunderstanding and differences that the defendant made statements attributed to him in the plaint. 4] During such discussions and meetings, the defendant realised that the statements made are indeed defamatory. After the differences were sorted out and misunderstandings were cleared, both sides have stated before the Court that the terms recording understanding between the parties and reduced into writing, be taken on record and order be made in furtherance thereof. 5] The defendant is present in Court. He confirms the above and submits that having realised that the statements attributed to him so also the allegations and insinuations were defamatory that he has willingly and unconditionally tendered apology to the 3 suit1515-11.doc plaintiff. He also seeks to give an undertaking to this Court of his own that he will not make, publish or communicate such or similar allegations against the plaintiff hereafter. 6] The plaintiff and defendant have both signed these terms. Upon a query from the Court, he states that after having understood fully and completely the consequences that flow from the consent terms and undertakings, that he has signed the same. There is absolutely no pressure or force from any quarters, including from plaintiff. He has of his own realised after the discussions that differences and disputes were capable of being sorted out and the misunderstanding also can be cleared. It is on that realisation and after discussing the matter fully, that he has decided to tender apology. He has no objection to the consent terms being taken on record. He has also no objection to the undertaking reduced into writing being taken on record as undertaking to Court. 7] The defendant confirms his signature below the consent terms and the undertaking. Being present in Court and appearing 4 suit1515-11.doc in person that with his assistance the undertaking has been perused by me. He is senior member of the bar and states that this undertaking is also given of his own volition. Undertaking has been referred to in clause (e) of the consent terms. 8] Having satisfied myself that the consent terms fully and completely put an end to the controversy arising out of the statements attributed to the defendant and being defamatory of the plaintiff and two private parties who are members of the Bar, after realising the consequences of their acts, have come together that the consent terms can safely be taken on record. They do not contravene any provisions of law nor are contrary to public policy. Any adjudication is obviated and becomes unnecessary once the defendant admits that the statements made and forming part of the plaint and annexures thereto are defamatory. In the light of these admissions which are given voluntarily, these consent terms are taken on record and marked “X” for identification. Undertaking in terms of clause 4 of the consent terms are also taken on record and accepted. The undertaking is marked as “X-1” for identification. There will be 5 suit1515-11.doc order in terms of both consent terms and undertaking. The suit is disposed of accordingly. Refund as per rules. All concerned to act on an authenticated copy of this order. (S.C.DHARMADHIKARI, J)