Nawab Malik approaches Bombay High Court to consensually quash single-judge order in Dhyandev Wankhede suit

Nationalist Congress Party (NCP) leader Nawab Malik has approached the Bombay High Court with draft consent terms seeking to quash the single-judge order refusing to grant interim relief to Dhyandev Wankhede, father of NCB zonal director Sameer Wankhede, in his defamation suit..Malik proposed that after quashing the single-judge order, the interim application in the suit could be remanded back to the single-judge for re-hearing on the case..The proposed draft terms were brought before the Court in the appeal filed by Wankhede against the order of single-judge Justice Madhav Jamdar, who had refused to grant interim injunction against Malik in the defamation suit filed by Wankhede.However, Senior Advocate Dr Birendra Saraf appearing for Wankhede, opposed the clause pertaining to the quashing of the order..When Bench of Justices SJ Kathawalla and Milind Jadhav mused why would Wankhede have a problem with quashing of the order which was against Wankehde, Saraf clarified that while the order of Justice Madhav Jamdar had refused to grant relief to Wankhede, the 50-page order made stern observations of malice against Malik, which would work in Wankhede's favour..The draft consent terms presented by Advocate Karl Tamboly for Malik proposed the following 5 points:That the single-judge order be set aside;That the single-judge (as per the present assignment) should hear the parties afresh;That Malik be permitted to file a comprehensive affidavit in reply to the interim application in the defamation suit;That the statement made by Malik before the Division Bench in appeal would continue till the pendency of the single-judge re-hearing; andThat the re-hearing of the interim application be uninfluenced by the earlier which was sought to be quashed..While Saraf sought time to get instructions from his client on the intricacies of the proposed terms, he assured the Court that from his side, he wanted to sort this issue once and for all."Whatever you have to say, you say. Whatever I have to say, I will say and let us stop this forever," he said..Wankhede will respond to the proposal on Monday.

Nawab Malik approaches Bombay High Court to consensually quash single-judge order in Dhyandev Wankhede suit

Neha Joshi

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