मीडिया की गला दबाने की साजिश !
Mumbai : Marsh India Insurance broker private limited has filed Rs 50Cr approx defamation case against Mumbai local Hindi newspaper "Dopahar" for news related to SAT order. The company has hired top legal firm of Mumbai. As per complainant the paper has included some defamatory remark which was not part of order.
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
NOTICE OF MOTION (L) NO. 1116 OF 2018
IN
SUIT (L) NO. 607 OF 2018
Marsh India Insurance Brokers Pvt.Ltd. … Plaintiff
Versus
Ramkishore Trivedi and Anr. … Defendants
Mr.Rafique Dada, Sr. Adv. a/w. Mr. Rohaan Cama, Mr.Animesh Bisht, Ms. Saloni
Kapadia, Ms.Shreya Jha i/b. Cyril Amarchand Mangaldas for the Plaintiff.
None for the Defendants.
CORAM : S. J. KATHAWALLA, J.
DATED : 2ND MAY,2018
P.C.:1. Heard the learned Senior Advocate appearing for the Plaintiff.
2. None appear for the Defendants though served.
3. After going through the Plaint and the annexures thereto, I am prima facie
satisfied that the Defendants have indulged in issuing articles, which are defamatory in
nature against the Plaintiff by mis-interpreting the Order passed by the Securities
Appellate Tribunal, Mumbai dated 16th March, 2018, which in fact in paragraph 11
clearly records as follows :
“We make it clear that we have not expressed any opinion on the
merits of the complaint filed by the appellant.”
4. Stand over to 4th May, 2018.
5. In the meantime, there shall be ad-interim order in terms of prayer clauses
(a) to (c), which are reproduced hereunder :
“(a) That pending the hearing and final disposal of the Suit,
the Defendants by themselves and by / through their servants,
employees, affiliates, associates and agents be restrained by
order and injunction of this Court, from in any manner further
issuing any statements by way of articles, letters, notices,
emails, etc. in connection with and / or pertaining to and / or
relating to the Plaintiff and it s senior officials.
(b) That pending the hearing and final disposal of the Suit, the
Defendants by themselves and by / through their servants,
employees, affiliates, associates and agents be restrained, by
order and injunction of this Court, from in any manner further
issuing any defamatory statements by way of articles, letters,
notices, emails, etc. in the form of newspapers and / or
electronic form in relation to the issue which is subject matter
of IRDA Appeal No. 2 of 2018, which is sub-judice in view of
the directions passed to remain the matter back to IRDA.
(c) That pending the hearing and final disposal of the Suit, the
Defendants be directed to remove the impugned Articles dated
19th March, 2018, 20th March, 2018, 21st March, 2018, 22nd
March, 2018, 6th April, 2018 and 3rd April, 2018 from all public
fora, including the website of the Defendants including
http://www.dopahar.in”.
6. The Defendants are directed to remain present before this Court on 4th May,
2018 at 11.00 a.m. by themselves and / or through their Advocates.
7. A copy of this Order shall be forthwith served on the Defendants by hand
delivery by the Plaintiff and / or its Advocate and / or their representative.
( S. J.KATHAWALLA, J. )