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2021 DIGILAW 1668 (BOM)

Dhyandev Kachruji Wankhede v. Nawab Malik

2021-12-07

MILIND N.JADHAV, S.J.KATHAWALLA

body2021
JUDGMENT 1. On 25th November, 2021 this Court passed the following order : "1. Heard Learned Advocates for the parties. 2. Stand over to 9th December, 2021 for hearing. All contentions of the parties are kept open. 3. As far as interim relief is concerned, the learned Advocate appearing for the Respondent on instructions states that until the adjourned date i.e. 9th December, 2021, the Respondent shall not make any public statement/s against the Appellant and or his family members through any means of publication. The statement is accepted as an undertaking given to the Court." 2. On 29th November, 2021 the above Appeal was disposed of by a consent order, wherein it was agreed by the Respondent - Nawab Malik through his Advocate/Counsel that the statement made by him on 25th November, 2021, and accepted by this Court as an undertaking given to this Court, shall continue until the final order in Interim Application (L) No.25975 of 2021 in Suit (L) No.25974 of 2021 is passed and uploaded by the learned Single Judge. 3. The learned Advocate for the Appellant has filed an Affidavit dated 6th December, 2021 before us pointing out that the statement made by the Respondent dated 25th November, 2021 and recorded before us on 29th November, 2021, as set out in sub clause (v) of paragraph 6 of our order dated 29th November, 2021 has been willfully breached. In support of the Appellants case our attention is drawn to the interviews/statements made by the Respondent - Nawab Malik, which are annexed as Exhibit C and D to the said Affidavit. On a query raised by the Court as to whether the statements of the Respondent contained in Exhibits C and D, are made by him in his personal / individual capacity or in his capacity as Minister of the State of Maharashtra, after taking instructions, the learned Advocate for the Respondent has informed us that he has made these statements in his capacity as a Spokesperson of the Nationalist Congress Party (NCP). 4. We are prima facie satisfied that the statement made before this Court by the Respondent Nawab Malik as recorded in our Orders dated 25th November, 2021 and 29th November, 2021 and which was accepted as an undertaking given to this Court by the Respondent - Nawab Malik, is willfully breached by the Respondent. 4. We are prima facie satisfied that the statement made before this Court by the Respondent Nawab Malik as recorded in our Orders dated 25th November, 2021 and 29th November, 2021 and which was accepted as an undertaking given to this Court by the Respondent - Nawab Malik, is willfully breached by the Respondent. Before we pass any further orders in the matter and/or initiate any action against the Respondent, we direct the Respondent to file an Affidavit on or before the adjourned date setting out as to why action should not be taken against him for willful breach of the statements/undertakings given by him and recorded in our orders dated 29th November, 2021. Stand over to 10th December, 2021 first on board.