The High Court dismissed a notice of motion seeking a blanket injunction against defendants for making false complaints alleging Hawala transactions, holding that veracity of allegations is a subject for suit adjudication.
Notice of motion seeking injunction and damages dismissed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
NM-382-12
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION
NOTICE OF MOTION NO.382 OF 2012 IN
SUIT NO.242 OF 2012
Mustafa S. Mohamed and ors. ...Plaintiffs.
vs.
Dawood Ismail Patel and ors.
...Defendants.
Mr. S.N. Vasihsnawa along with Ms. Nupur S. Mukherjee i/by N.N.Vaishnawa & Co. for the Petitioner/Applicant.
Mr. M.bL. Palan i/by M/s. M.K.Khatri for Defendants.
CORAM : M. S. SANKLECHA, J. DATE : 19 JUNE 2014
PC:
By this notice of motion the plaintiffs seek to restrain the defendants from making any false complaints against the plaintiffs which may cause loss of reputation to the plaintiff. The suit is filed by the plaintiff for order and decree that the defendants be jointly and severally ordered to pay a sum of Rs.10 crores to the plaintiffs as damages for loss of reputation.
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to Income Tax Department was received by the plaintiffs in November 2011. The prayers sought for by the plaintiffs is to injunct the defendants from publishing any false complaints against the plaintiffs. 4) I find that besides the letter 30 October 2010 the plaintiffs have not brought on record any other publication/ communication addressed by the defendants making allegedly false allegations against the plaintiffs. The plaintiffs have sought damages of Rs.10 crores in the plaint on the ground that the letter dated 13 October 2010 contains false allegations against the plaintiffs. The truth or falsity of the allegation is a subject matter of the decision to be decided at the hearing of the suit. No such blanket injunction can be granted to restrain the defendants from making any complaints because veracity of the complaint would be the subject to adjudication. 5) The plaintiffs have not made out a case that the defendants are maliciously publishing incorrect and/or false statements about the plaintiffs as the regular practice.
(M.S. SANKLECHA, J.)
2 issues framed by the court
Whether a blanket injunction can be granted to restrain defendants from making complaints where veracity is adjudicable.
Whether the plaintiffs have established a case for malicious publication as a regular practice.
Mustafa S. Mohamed and ors.
Dawood Ismail Patel and ors.
M. S. Sanklecha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
