1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.946 OF 2009 IN SUIT NO.519 OF 2009 Mahatma Gandhi Vidya Mandir & Anr. .. Plaintiffs Versus Punjaram L. Nikam .. Defendants Mr.Thorat, Senior Advocate with Anilkumar K. Patil for plaintiffs Mr.Bubna for defendant. CORAM : S.C.DHARMADHIKARI, J. DATE : 14th August 2009. P.C.: 1] Heard Mr.Thorat, learned Senior Counsel for plaintiffs and Mr.Bubna learned Advocate for defendant, who waives service. 2] Mr.Thorat submits that although the suit has been instituted in February 2009, there is a urgency because the defendant is likely to repeat the publication. He submits that a complaint has been filed by the defendants to the Authorities and the plaintiffs are not in any manner seeking any restraint against the investigation pursuant to the complaint 1 but their apprehension is that the publication in question may be repeated. 3] Mr.Bubna after taking instructions makes a statement that without prejudice to the rights and contentions of the parties, defendant will not re-print, re-publish and re-circulate the statements and allegations which are annexed as Annexure D to the plaint. However, it is clarified that if the defendant has filed any complaint with the authority, this order does not prevent the authority from investigating the said complaint and recording of statements of such of the persons named therein, including the plaintiffs. Statement accepted subject to above clarification. 4] In the light of the without prejudice statements of the defendant which are accepted and as they can continue during the pendency of the suit and plaintiffs not seeking any other reliefs, at the joint request and by consent this notice of motion itself is called out for hearing and final disposal and disposed of in the above terms. No costs. (S.C.DHARMADHIKARI, J)