1 nms-3573-with-s-2535-09 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION jmi NOTICE OF MOTION NO. 3573 OF 2009 WITH SUIT NO. 2535 OF 2009. Gangadhar S. Shetty. ..Plaintiff. vs. Hemant Nagardas Gandhi & Ors. ..Defendants. .... Mr. N.D. Walawalkar, Senior Counsel, a/w. Mr. A.R. Shaikh, i/b. S.D. Mishra, for Plaintiff. Ms. Papori Sarmah, i/b. Pandey & Co., for Defendants. Mr. Hemant N. Gandhi, Defendant No.1, present. .... CORAM : S.J. KATHAWALLA, J. DATE : 25TH JANUARY 2011. P.C. According to the Plaintiff, he is in occupation of an area of approximately 10,000 sq. ft. on Plot No. 96 ABCD, Government Industrial Estate, Charkop, Kandivli (West), Mumbai-400 067 (the said property) under a Leave and License Agreement entered into by and between the Plaintiff and the Defendants. Since the Defendants have alleged that the Leave and License Agreement is a forged document, several Suits have been filed by the parties against each other. Whilst the said proceedings are pending, the Defendants have written letters dated 12th June 2009 and 31st July 2009 (Exhibits ‘F’ and ‘E’ to the Plaint) making several defamatory allegations against the Plaintiff. The Plaintiff has therefore filed the present Suit seeking a declaration that the imputation made by the Defendants in their letters dated 12th June 2009 and 31st July 2009 at Exhibit ‘F’ and ‘E’ to the Plaint are false and has resulted in defaming the Plaintiff in 2 nms-3573-with-s-2535-09 the eyes of his principal so also in the society and the world at large which would entitle the Plaintiff to exemplary and special monetary compensation by way of damages from the Defendants. The Plaintiff has also sought a decree against the Defendants to pay to the Plaintiff a sum of Rs.30 crores towards the damages for defamation and damages caused to the reputation and image of the Plaintiff. The Plaintiff has also sought permanent injunction against the Defendants from making any defamatory statement/s either in writing or orally and from publishing and circulating the same in any manner including the letters dated 12th June 2009 and 31st July 2009 being Exhibits ‘F’ and ‘E’ to the Plaint. 2. The Defendant No.1 has informed the Court that though the letter dated 31st July 2009 at Exhibit ‘E’ to the Plaint is addressed to the then Hon’ble Chief Minister of the State of Maharashtra, the same was not forwarded to the Hon’ble Chief Minister. He further states that Exhibit ‘E’ to the Plaint was not forwarded to anyone. So far as Exhibit ‘F’ is concerned, the same has been forwarded to Shri Ratan Tata and is also forwarded to the Police Headquarters at Crawford Market and the local police stations at Kandivli and Borivli. 3. In view of the above facts and circumstances, this matter is kept in chamber and after hearing the learned Advocates for the parties as well as the Defendant No.1 who is present in Court, the following order is passed by consent of the parties : (i) The Defendants shall not forward copies of the letters at Exhibits ‘E’ and ‘F’ to the Plaint to anyone in future and shall not repeat the contents set out therein in any of the correspondence entered into by the Defendants with any party in future. (ii) Though the Defendants shall be at liberty to file complaints/proceedings before appropriate authorities/Courts as regards their grievances against the Plaintiff, the Defendants shall in 3 nms-3573-with-s-2535-09 such complaints/ proceedings not make any allegations against the Plaintiff which are defamatory in nature. (iii) In view of the above, the Plaintiff is not pressing his claim for damages against the Defendants. (iv) This order shall in no way affect the rights and contentions of the parties in the Suits filed against each other, namely Suit Nos. 2361 of 2008 and 2691/2008 pending before this Court and the Suit No. 56/75/06 pending before the Small Causes Court at Bandra, or any other Suit/s filed by the parties against each other in future. (v) Suit is accordingly disposed of. The Notice of Motion also stands disposed of. Refund of Court fees as per Rules. [ S.J. KATHAWALLA, J. ]