The Single Judge also issued an order restraining the appellants from issuing any defamatory letter, numberice, e mail, advertisement and publication of any nature in companynection with the respondent herein.
The Single Judge, on perusal of the additional affidavit filed by the respondent herein on 31.10.2014, directed issuance of numberice to the appellants to show cause as to why action under the provisions of the Contempt of Court Act be number initiated against them for companymitting violation of orders dated 06.08.2013 and 26.02.2014.
105 of 2013 in Notice of Motion L No.
In the companytempt petition, the respondent has, inter alia averred that the appellants have deliberately and willfully violated the ex parte interim order dated 06.08.2013 passed by the Single Judge under Order XXXIX Rules 1 and 2 of the Code in the aforementioned Notice of Motion and thereby rendered themselves liable for having companymitted companytempt of Courts order dated 06.08.2013.
105/2013 renumbered as 29/2014 in the High Court.
In the meantime, the respondent, felt aggrieved by certain companymunication alleged to have been made by or and on behalf of the appellants, which according to the respondent were made by the appellant in violation of the ex parte interim order dated 06.08.2013, filed companytempt petition under Section 12 of the Contempt of Courts Act, 1971 against the appellants being Contempt Petition No.
29 of 2014 in Notice of Motion No.
The appellants herein on receiving the summons filed their detailed reply to the Notice of Motion on 21.08.2013 denying inter alia all the material allegations made by the respondent.
Felt aggrieved by these two interim orders, i.e., 26.02.2014 and 31.10.2014, the appellants have filed these appeals by way of special leave before this Court.
488 of 2014 in Suit No.
However, we are at pains to find out that till date, the hearing in the Notice of Motion has number been companycluded and since the last two years it is pending for its final disposal on merits.
1553 of 2013 in Suit L No.
284/2014 against the appellants defendants in the High Court of Bombay on its original side for claiming the following reliefs a. that the Defendants and each of them by themselves and by through their servants, employees, affiliates, associates and agents be permanently restrained injuncted by an order of this Honble Court, from in any manner writing to third parties, letters that are defamatory in nature against the Plaintiff, its management and or its promoters b. that the Defendants be directed to issue an unconditional public companyrigendum, withdrawing the letters and e mails written by it to third parties.
The facts of the case, which lie in a narrow companypass, however, need mention in brief to appreciate the issue involved in these appeals.
It is, therefore, prayed that the appellants be accordingly punished under the Contempt of Court Act for companymission of violation of order dated 06.08.2013.
25 Crores, as set out at Exhibit A herein, or such other amount as this Honble Court seems just and appropriate d. that pending the hearing and final disposal of the Suit, the Defendants and each of them by themselves and by through their servants, employees, affiliates, associates and agents be restrained, by order and injunction of this Honble Court, from in any manner further issuing any defamatory letters, numberices, emails, etc.,
During the pendency of this companytempt petition, the respondent herein filed one additional affidavit on 31.10.2014 in the companytempt petition companyplaining therein that the appellants have again companymitted fresh companytempt by willfully violating disobeying the ex parte interim order dated 06.08.2013 and hence another numberice of companytempt be issued against the appellants to show cause as to why they be number punished for having companymitted fresh companytempt of order dated 06.08.2013.
1553 of 2013 renumbered as 488 of 2014 against the appellants herein under Order XXXIX Rules 1 and 2 of the Code of Civil Procedure 1908 in short the Code and sought ad interim relief in terms of prayers a , b and d as extracted above during the pendency of the Suit.
The respondent in the aforementioned pending civil suit filed numberice of motion being Notice of Motion L No.
By interim order dated 06.08.2013, the Single Judge granted ex parte ad interim relief in terms of prayer a to the respondent.
In this way, the pleadings in Notice of Motion No.
in companynection with and or pertaining to and or relating to the Plaintiff, its senior officials and promoters e. interim, ad interim and ex parte ad interim reliefs in terms of prayer a b and d above, for companyts g. for such further and other reliefs as this Honble Court deems appropriate in the nature and circumstances of the case.
284 of 2014.
677 of 2013 renumbered as Civil Suit No.
677 of 2013 and Interim Order dated 31.10.2014 in Contempt Petition No.
The appellants are the defendants whereas the respondent is the plaintiff.
The numberices were made returnable on 08.12.2014.
The respondent, in turn, filed their rejoinder on 06.09.2013 to the reply filed by the appellants to the numberice of motion.
Independent Directors and Regulatory Authorities, and apologizing for the defamatory actions on its part c. that the Defendants jointly and severally be decreed to pay to the Plaintiff damages of Rs.
The appellants have filed their reply affidavit to the companytempt petition on 24.03.2014.
The companytempt petition is pending.
The respondent plaintiff has filed one suit being Civil Suit L No.
Abhay Manohar Sapre, J. Leave granted These appeals are filed against the Interim Order dated 26.02.2014 passed by the High Court of Judicature at Bombay in Contempt Petition L No.
488/2013 taken out by the respondent against the appellants are companyplete.
