1 mst IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.3295 OF 2010 IN SUIT NO.2372 OF 2010 Uttam M. Kale Plaintiff versus Sudhakar S. Suradkar Defendant L.H.Patil for plaintiff. Sanjeev Sawant a/w Sandeep Barve, B.K.Barve, Ms.Archana Lad i/by M/s.B.K.Barve and others for defendant. WITH SUIT NO.1773 OF 2010 Sudhakar S. Suradkar Plaintiff versus Uttam M. Kale Defendant Sanjeev Sawant, Sandeep Barve, B.K.Barve, Ms.Archana Patil i/by B.K.Barve & Co. for plaintiff. L.H.Patil for defendant. CORAM : S.J.KATHAWALLA, J. DATE : 5th January 2011 PC : 1. Suit No.2372 of 2010 is on board. Suit No.1773 of 2010 is not on board. Upon mentioning, taken on board. 2. Suit No.2372 of 2010 is filed by Uttam M. Kale, Ex-Deputy Commissioner of Police, Mumbai against the defendant Sudhakar 2 Suradkar, Ex-Inspector General of Police alleging that the defendant has made several defamatory statements against the plaintiff in his letters and therefore the plaintiff is entitled to damages and permanent injunction against the defendant restraining him from publishing any defamatory words or writing and/or doing any tortuous act of defamation against the plaintiff either libel or slander in any manner whatsoever. Notice of Motion No.3295 of 2010 is taken out in Suit No.2372 of 2010 seeking temporary injunction in terms of the permanent injunction sought in the suit. 3. Suit No.1773 of 2010 is filed by Mr.Sudhakar Suradkar against Mr. Uttam Kale making similar allegations and seeking similar reliefs. The plaintiff as well as the defendant have also filed several Police complaints and criminal cases against one another alleging defamation, misappropriation of funds from the Bullet Gazetted Police Officers' Co-op. Housing Society Limited etc.. 4. Since the plaintiff as well as the defendant are responsible retired officers from IPS Cadre I have kept the hearing of the matters in chambers and have spoken to them at some length. Both, the plaintiff as well as the defendant agree that this type of litigation does not befit the status that they have enjoyed in the Police Department and even today continue to enjoy in the society. The plaintiff and the defendant also need to abstain from making such allegations against each other as they also happen to reside in the same co-operative housing society. Such allegations are not condusive to harmonious living. 5. In view of the above, the plaintiff and the defendant have agreed that both the above suits be disposed of by the following order :- (a) The plaintiff and the defendant shall henceforth not address any personal letters to each other; (b) In the event of the plaintiff and the defendant addressing any 3 official letters qua their co-operative housing society, they shall not make any personal allegations against one another; (c) The plaintiff and the defendant shall approach the appropriate Court/Police Station in which their respective cases/complaints are pending, within two weeks from today and shall submit a copy of this order to the relevant Court/Police Station and express their desire not to proceed any further in those complaints/cases; (d) This order shall in no way preclude the plaintiff as well as the defendant from raising any contention or filing any proceedings before the appropriate Court pertaining to the Bullet Gazetted Police Officers' Co-op. Housing Society Limited; 5. In view of the above, both the above suits being Suit Nos.2372 of 2010 and 1773 of 2010 are disposed of. In view of disposal of the said suits, Notice of Motion No.3295 of 2010 does not survive and stands disposed of. Parties shall be entitled to refund of the court fees in both the suits, if any, as per Rules. (S.J.KATHAWALLA, J.)