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Nawab Malik Prima Facie Breached Undertaking To Not Make Statements Against Sameer Wankhede Family : Bombay High Court

Sharmeen Hakim
7 Dec 2021 11:35 AM GMT
Nawab Malik Prima Facie Breached Undertaking To Not Make Statements Against Sameer Wankhede Family : Bombay High Court
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The Bombay High Court on Tuesday observed that State Cabinet Minister and NCP leader Nawab Malik had prima facie "wilfully breached" his undertaking to the court, not to make any statements against Dnyandeo Wankhede and his family, including NCB officer Sameer Wankhede.A division bench of Justices SJ Kathawalla and Milind Jadhav sought an explanation from Malik in the form of an affidavit...

The Bombay High Court on Tuesday observed that State Cabinet Minister and NCP leader Nawab Malik had prima facie "wilfully breached" his undertaking to the court, not to make any statements against Dnyandeo Wankhede and his family, including NCB officer Sameer Wankhede.

A division bench of Justices SJ Kathawalla and Milind Jadhav sought an explanation from Malik in the form of an affidavit by Friday.
"Before we take any action against Nawab Malik, we direct him to file his affidavit setting out as to why action should not be taken against him for wilful breach of statements/undertaking [to the court]," the court said.
On Tuesday, Senior Advocate Birendra Saraf for Dnyandeo informed the court that despite undertaking not to make statements against the Wankhedes on November 25, Malik had given interviews earlier this month.
He submitted that the single judge's order was set aside by this court with the consent of both parties. Malik had undertaken not to make public statements against the Wankhedes till Dnyandeo Wankhede's interim application in the defamation suit was decided, he said.
"There was an order with express findings of malice. They got the findings set aside saying they won't speak [against the Wankhedes] anymore. Is this some kind of joke?", Saraf said.
He pointed out interviews and posts after the High Court order from November 29.
After perusing the orders, Justice Kathawalla asked if Malik's statements were in his personal capacity or not. In response, Advocate Karl Tamboly for Malik said the statements were made in his capacity as the official spokesperson of the Nationalist congress Party(NCP).
Justice Jadhav observed that Malik's statements in the Marathi newspaper were "quite serious."
"What is this, he is trying to impinge our order....," the Court asked.
The court then said it was prima facie satisfied that the undertaking given to it was breached. The bench sought Malik's explanation and posted the matter for December 10, Friday.
Background
Dnyandeo had filed a suit and sought Rs. 1.25 crore in damages for defaming him and his family, and ad-interim and interim- directions to restrain Malik or anyone acting on his behalf from posting anything "defamatory" against them.
A single bench of Justice Madhav Jamdar refused ad-interim relief to him Dnyandeo to restrain Malik from making statements against the Wankhedes.
The single judge, however, observed that Malik had not verified the posts and that his statements appeared to be driven by malice.
Dnyandeo approached the division bench of Justice Kathawalla against this last month. During the first hearing the court came down heavily on Malik after the single judge's observations were pointed out. During this hearing on November 25, 2021 Malik undertook not to post further defamatory tweets till the next date.
However, on November 29 the parties agreed for quashing of the ad-interim order by consent.
Matter will be taken up for further consideration on Friday.


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