1 NMS.953/2010 acd IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO. 953 OF 2010 IN SUIT NO. 884 OF 2010 ICICI Bank Ltd. ..Plaintiff. Vs. Mr. Ashok Khurana & Anr. ..Defendants. ---- Mr. H.T. Puranik i/b Puranik & Co., for the Plaintiffs. None for defendants. --- CORAM: S.C. DHARMADHIKARI, J. DATED : 1 st SEPTEMBER 2010. P.C. 1] Two affidavits of service have been filed which demonstrate that defendant nos.1 and 2 are duly served. 2] Perused the plaint and annexures thereto. Prima facie, the emails which have been circulated are defamatory. The defendants despite opportunity have not come forward to controvert the plaintiffs’s allegations and specifically those in paragraphs 13 to 16 of the plaint. In paragraphs 17 to 21, the plaintiffs have alleged that the statements are false and defamatory. This Court on 23.6.2010 has protected the plaintiffs by an ad- interim order. 2 NMS.953/2010 3] Since there is no affidavit in reply, the ad-interim order can be confirmed. Accordingly, the following order:- (i) Pending the hearing and final disposal of the suit, the defendants by themselves, their servants, agents and employees are restrained from printing, publishing and circulating any statements defamatory to the plaintiff; (ii) Pending the hearing and final disposal of the suit, the defendants by themselves, their servants, agents and employees are restrained from reprinting and recirculating the material/emails annexed as Exhibits, ‘G’, ‘H’ and ‘I’ to the plaint; (iii) In case the defendants desire to apply for vacating this order, they are at liberty to do so by giving 72 hours advance notice to the Advocate for the plaintiff. 4] The Notice of Motion is disposed of accordingly. No costs. [S.C. DHARMADHIKARI, J.]