Circulation of FIR publicly amounts to Defamation

Honble Justice Shri. S.G. Gupte while hearing a Notice of Motion in a Suit filed by Mr.
Murtuza Ali Rajkotwala against one Huzeifa Electriclawala seeking damages of Rs. Five
Crore has granted an injunction against the said Huzeifa Electriclawala restraining him from
further publishing the imputations and innuendoes made in the articles and blogs posted by
him or such similar imputations which will prejudicially affect the character and honesty or
tarnishing the image of the said Mr. Murtuza Ali Rajkotwala by any means including physical
circulation, through internet or through messages via mobile.
Mr. Murtuza Ali Rajkotwala alongwith Hozefa Chechatwala, Hussain Kapasi and Raju Pawar
the Other Directors of Alamdar has done Tenant Management and MHADA Certification
work for Saifee Burhani Upliftment Trust ( SBUT ) for their project at Bhendi Bazar.
Sr. Advocate Mr. P. K. Dhakepalkar, a/w Adv. Rajendra Singhvi i/b Kedar Jaysing Patil
argued the matter on behalf of the Mr. Murtuza. It was his case that he is a founder member
and Managing Director of a company by the name of M/s Alamdar Infrastructure Pvt. Ltd.
The Defendant Mr. Huzeifa Electriclawala was a director of this Company. Mr. Huzeifa
resigned from the board of directors and that all requisite forms in connection with such
resignation were duly filed with the Registrar of Companies. Thereafter a complaint was
made by the Mr. Huzeifa to the police that his signatures on the resignation letter were
forged by the Mr. Murtuza. An FIR was registered by the police in respect of the said
complaint. The police, thereafter, investigated the FIR and filed a 'B' summary report on 28
April 2014, finding the FIR to be false.
Counsel informed that, despite filing of the 'B' summary report by the police, the Mr. Huzeifa
was continuously publishing imputations through social media, Facebook, Whats app as well
as physically circulating FIR and he also published in various newspaper articles and blogs
etc., alleging that the Mr. Murtuza has been charged for cheating and forgery under Indian
Penal Code and FIR has been registered and therefore the Suit came to be filed for
defamation by the Mr. Murtuza .
The Honble Court Concluded that prima facie the allegations made by the said Huzeifa
Electriclawala in various publications, circulations and imputations made by him amounts to
defamation and accordingly the injunction order was passed.
The said Huzaifa Electricwala had also 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.