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IN THE HIGH COURT OF JUDICATURE AT BOMBAY


ORDINARY ORIGINAL CIVIL JURISDICTION
NOTTCE OF MOTTON (L) NO.
IN

2489 OF 2014

surT (L) No. 1029 OF 2014


Murtuza Ali Rajkotwala

...Applica nUPlaintiff

VS

Huzeifa lsmail Electricwala

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...Defendant

Mr P.K.Dhakephalkar, Sr. Advocate a/w,M.r Raie\Ora


\ Singhvi ilb Kedar Jaysing

Patilfor the Plaintiff.

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P.C.

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: S.C. GUPTE, J.

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JANUARY 29, 2015

ThiS Motion,is taken out in a defamation suit. The Plaintiff is a


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founder mgrhQei ryrd Managing Director of a company by the name of M/s

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Pvt. Ltd. The Defendant was a director of this Company.
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It -is the iase of the Plaintiff that the Defendant resigned from the board of
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, direqtors on 19 June 2012; that all requisite forms in connection with such
. resi!;nation were duly filed with the Registrar of Companies. lt appears that
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'sdmetime in July 2012, a complaint was ffiade by the Defendant to the police that
the signatures of the Defendant on the resignation letter and Form No.32, filed in
connection therewith, were forged by the Plaintiff. An FtR was registered by the
police in respect of this complaint on 17 August 2012. lt appears that the police,
thereafter, investigated the FIR and filed a 'B' summary report on 28 April 2014,
finding the FIR to be false. lt is the case of the Plaintiff that despite filing of the 'B'

summary report by the police, the Defendant has been continuing to publish
imputations through social media as well as physical circulation, alleging that the
Plaintiff has been charged for cheating and forgery under lndian Penal Code.

The Plaintiff has compiled the imputations made in various newspaper articles

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