Bombay High Court gags Lilavati Trust, Param Bir Singh in defamation case

The Bombay High Court on Thursday restrained both the Lilavati Kirtilal Mehta Trust and former Mumbai Police Commissioner Param Bir Singh from publishing or republishing alleged defamatory material against each other in media [Lilavati Kirtilal Mehta Trust and Ors. v. Param Bir Singh].

Justice Milind N Jadhav passed the interim order on March 26 in a defamation suit filed by the Trust and others against Singh. 

The suit was filed damages and a permanent injunction to restrain Singh from making any further allegedly defamatory statements.

The Trust raised objections to certain material, specifically an email dated February 2, allegedly sent by Singh to the Trust, and three separate press interviews. 

These materials, according to the Trust, contained allegations regarding its operations and its trustees.

In an earlier order dated February 20, the Court had, prima facie, noted that portions of the material flagged by the Trust carried serious insinuations affecting the reputation and goodwill of the Trust, which runs a hospital in Mumbai.

As a without-prejudice interim arrangement, the Court on Thursday directed both parties not to publish or republish in the media the statements complained of by the other, till the interim application is heard and disposed of.  

“Without prejudice to the rights and contentions of the parties and solely as an interim arrangement in the interim application, the parties shall abide by the following interim arrangement till the interim application is heard and disposed of by this court”, the Court said. 

Singh was specifically barred from publishing or republishing the statements detailed in the plaint.

Similarly, the Trust has been restrained from publishing the statements that Singh mentioned in his reply affidavit.

The Court emphasised that this arrangement will not prejudice either side's rights or contentions, leaving both free to pursue all available legal remedies.

The interim application will be heard next on April 22.  

Senior advocate Ashish Kamat with advocates Rashmin Khandekar, Devesh Juvekar, Dikshat Mehra, Minal Chandani, Mithilesh Chalke and Honey Chandani, briefed by Rajani Associates, appeared for Lilavati Mehta Trust. 

Senior advocate Ravi Kadam with advocates Rohan Kadam, Joel Carlos, Aniesh Jadhav and Anukul Seth appeared for Singh. 

[Read Order]