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Lalbaughcha Raja Sarvajanikganeshaustavmanadal vs. Maheshtukaramvengurlekar (Bala)And 5 Others

Interim Order
Court:Bombay, High Court
Judge:Registrar(O.S.)
Case Status:Transferred
Order Date:2 Apr 2019
CNR:HCBM020221322016

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Order Issued After Hearing

Purpose:

High On Board(Hob)

Before:

Hon'ble Hon'Ble Shri Justice G.S. Patel

Listed On:

2 Apr 2019

Order Text

Arun

IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION SUIT NO. 283 OF 2017

Lalbaughcha Raja Sarvajanik Ganeshaustav…Plaintiffs
Mandal & Ors
Versus
Mahesh T Vengurlekar (Bala) & Ors…Defendants

Ms Priyanka Kothari*, i/b GR Golatkar, for the Plaintiffs.*

CORAM:G.S. PATEL, J
DATED:2nd April 2019

PC:-

1. Heard Ms Kothari for the Plaintiffs, on the question of whether the 1st Plaintiff trust has standing in law to maintain such a civil action. She references the decision of a learned single Judge of this Court in Dilip Babasaheb Londhe and Ors v State and Ors.1 In paragraph 63, RC Chavan J summarised the legal position although in the context of a criminal case and a criminal complaint for defamation. I see no reason why the same principle should not apply to the civil action for damages in defamation.

2. On the last occasion, there was an issue regarding official translations of the offending news items. Ms Kothari states that she

<span id="page-0-0"></span><sup>1</sup> 2013 All MR (Cri) 4302 : 2013 (5) ABR 1315.

has obtained official translations but these are only tendered across the Bar in a loose form.

3. The official translations will be included in a separate affidavit of documents and compilation of documents and I will require copies of these to be served on the Defendants. I note that the Defendants have already been served with Writ of Summons and there was a previous order of KR Shriram J to this effect. None have filed Written Statements or entered appearance.

4. The supplementary affidavit of documents and compilation are to be filed in the Registry on or before 22nd April 2019 and will be served on the Defendants thereafter.

5. List the suit for directions on 4th June 2019.

(G. S. PATEL, J)

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