The Bombay High Court on Wednesday recalled its order by which it had adjourned a 9-year-old defamation suit for 20 years [Tarinibahen Desai and Anr v. Kilkilraj Bhansali and Ors].The recall order was passed after lawyers in the case mentioned the matter on Wednesday and requested for changes to the earlier order.In an order passed on April 28, Justice Jitendra Jain had said that defamation suit was was an “ego fight” between two senior citizens and Court's time should be utilised to hear more pressing cases.Hence, it had posted the case for hearing in the year 2046.The Court added that this matter should not be given priority on the ground that the petitioners are senior citizens or super senior citizens. "I do not wish to state anything further except that this matter should not be taken up for the next 20 years. List this matter after 2046," the order of April 28 said..The order was passed in a suit filed in 2017 by two women stemming from a disagreement within the Shyam Co-operative Housing Society. Their lawyer, advocate Swaraj Jadhav, mentioned the matter today and requested the Court to reconsider its order. Justice Jain agreed to delete certain portions of the order. The portion of the April 28 order which said "I do not wish to state anything further except that this matter should not be taken up for the next 20 years" now stands deleted. Additionally, the Court also changed the next hearing date in the matter from 2046 to July 15, 2026. .The judge had made the remarks on April 28 after noting that on an earlier occasion, the Court had indicated the dispute could be resolved if an unconditional apology was tendered, but the plaintiff Tarinibahen Desai, who is close to 90 years old, insisted on pursuing the suit for defamation.However, those remarks now stand recalled. .The core of the dispute involves notices, letters, and resolutions related to a 2015 annual general meeting which included a resolution expelling the plaintiffs from the Society. The plaintiff-women moved the Court seeking ₹20 crores as damages claiming that the communications of the society were defamatory, causing them mental harassment/distress. .In 2018, the Court was informed of a possibility of settlement. However that did not go through and the Court framed the issues before proceeding with the civil trial. On March 27, 2025, when the matter was listed for hearing, the Court noted that none of the parties were present or represented through their lawyers. .On April 28, Justice Jain effectively froze further hearings in the defamation suit for two decades after noting that the case was a trivial ego clash between senior citizens. The said freeze has now been lifted. .Advocates Swaraj Jadhav and Sanskruti Yagnik appeared for the women. Advocates Pushkraj Deshpande and Anushtha Rathod briefed by ALMT Legal appeared for the society members. [Read Order]
