Murtuza Ali Rajkotwala Court decision about Bhindibazar

Redevelopment
Mr. Murtuza Ali Rajkotwala, is the Managing Director of Alamdar Infrastructure Pvt.
Ltd. an ISO 9001:2008 Company having corporate office at C-601, 6th Floor, Marathon Next
Gen Innova, Opp. Peninsula Corporate Park, Off. Ganpatrao Kadam Marg, Lower Parel (W),
Mumbai-400013 had undertaken Tenant Management and MHADA Certification work for
Saifee Burhani Upliftment Trust ( SBUT ) for their project at Bhendi Bazar :
One Mr. Huzaifa Electricwala (mob:7738232393), who is also associated with National
Communist Party (NCP) and is resident of Room No. 64, 2 nd Floor, Jamnadas Building, 64Chimna Butcher Street also Joined Mr. Murtuza as Director in said Alamdar and assisted him
in the said Bhendi Bazar project. Subsequently on his own accord the said Mr. Huzaifa
Electricwala resigned as Director of Alamdar and joined Mr. Huzaifa Electricwala SBUT.
Since he was not competent said SBUT terminated the services of Mr. Huzaifa Electricwala.
After being terminated by SBUT said Mr. Huzaifa lodged a False FIR with N. M. Joshi Marg
Police Station against said Mr. Murtuza and other director of Alamdar i.e. Hozefa
Chechatwala, Hussain Kapasi and Raju Pawar on the ground of Forgery and Cheating
alleging that said Mr. Murtuza had forged his signature on resignation letter from directorship
of Alamdar and filed the same with Registrar of Companies.
On investigation the FIR police found no merits in the complaint and after verifying with
handwriting expert it was concluded that the said signatures of resignation letter were that of
said Mr. Huzaifa and he had lodged a false complaint and this the said FIR was closed as BSummary complaint.
Since the said Mr. Huzaifa was jobless he started circulating said FIR and making various
defamatory circulations in social media i.e. wats app and facebook against Mr. Murtuza and
started making demands for money.

Since Mr. Huzaifa was crossing all his limits and all his defamatory articles and posts were
affecting the image of Mr. Murtuza in his dwoodi Bohra community he filed a Defamation
Suit bearing Suit (L) No. 1029 of 2014 i.e. Suit No. 149 of 2015 before the Honble Bombay
High Court against Huzaifa Electricwala, wherein on prima facia being satisfied that the said
Huzaifa Electricwala has published and circulated defamatory articles and made defamatory
posts against Mr. Murtuza, Honble High Court passed an Interim Order dated 28-1-2015
pending the disposal of the suit whereby restrained the said Huzaifa Electricwala from
making any further defamatory publication. The relevant operative portion of said order is as
under :
3) Prima facie the allegations made by the Defendant, which are
apparent on the documents annexed to the plaint, amount to defamation.
No defence by way of justification or otherwise is indicated by the
Defendant. In the premises, a case for grant of interim relief is made out.
Accordingly, there shall be an injunction pending the hearing and final
disposal of this Suit, against the Defendant restraining him from further
publishing the imputations and innuendoes made in the articles and blogs
annexed as Exhibit E to the plaint, or similar imputations which will
prejudicially affect character, and honesty or tarnishing the image of the
Plaintiff by any means including physical circulation, through internet and
through messages via mobile etc. There shall be no order as to costs. The
Motion is disposed of accordingly.
As per the said Order said Mr. Huzaifa was restrained from publishing or making any
defamatory post and circulation which would affect the character and honesty of tarnish the
image of Mr. Murtuza.
Being aggrieved by the said order Huzaifa Electricwala preferred to file an Appeal against the
said Order 28/01/2015 bearing Appeal (L) No. 403 of 2015. The said Appeal came to be
dismissed by the Division Bench of the Bombay High Court vide Order dated 01/03/2016
whereby the order of Order dated 28/01/2015 passed by the Single Judge was upheld. The
relevant portion of said Order is as under :

5. We do not see any reason to interfere with the said Impugned Order
since it is not disputed that the Defendant had circulated the Pamphlets
and published imputations through social media against the Plaintiff.
Hence appeal is disposed of

Thus is the prima facia view of the court that all the allegation of fraud, cheating, forgery etc
made by said Huzaifa Electricwala are false and baseless.
Since the said Huzaifa Electricwala had circulated several defamatory posts and articles
against Mr. Murtuza on whats app and other social media in past and after investigating and
verifying the contents of complaint of Mr. Murtuza and on being satisfied the Cyber Branch
of Mumbai Police has also registered an F.I.R against said Huzaifa Electricwala.
Despite the above criminal proceedings pending against him and inspite of the Orders of
Honble High Court said Huzaifa Electricwala is still continuing to circulate defamatory post
against Mr. Murtuza and other respectable persons of Bohra community and or of AnjumanE-Shiate-Ali (An association administering and conducting the affairs of the Dawoodi Bohra
Jamat of Mumbai) for with Mr. Murtuza has once again lodged complaints with the Police
and the matter is under investigation.