Chaini Parwani –
Published On: November 29, 2021 at 17:50 IST
The Bombay High Court on Monday Overruled Order of a Single Bench of which had denied to restrain Maharashtra Minister Nawab Malik from making public statements against the Wankhedes.
A Division Bench comprising of Justices S. J. Kathawalla and Milind Jadhav adjudicated the Court and quashed the Single Bench Order.
Mr. Malik and Mr. Wankhede’s father Dnyandev had consented that the Single Bench Order be recalled and the High Court to rehear Wankhede’s interim application in the Defamation Suit.
On November 22, Single Bench of Justice Madhav Jamdar had observed that despite of Mr. Malik tweeting against Mr. Wankhede maliciously the Minister couldn’t be completely prohibited from making comments against a public officer.
Further Division Bench of Justices S. J. Kathawalla and Milind Jadhav Overruled the Single Bench Order stating that the case is not of malice.
Karl Tamboly representing Malik submitted before the High Court that Malik will further restrain from making any public statements against Wankhedes until further Hearing.
Senior counsel Birendra Saraf, representing Dnyandev, stated“The court can say by consent of parties (quashing of the order).”
The Division Bench allowed Mr. Malik to submit a fresh reply Affidavit to Dnyandev’s Interim Application seeking that until his suit is heard finally, the Minister be restrained from making defamatory statements against him and his family.
It was highlighted that Nawab Malik will submit his reply by December 9 and further Dnyandev will then submit his Rejoinder responding to Mr. Malik’s Affidavit by January 3.
The Division Bench observed that the Single Bench of Justice Madhav Jamdar will then rehear the Interim Application and complete the hearing within 13 weeks.