Zee Media Corporation Limited v. Mr. Prabhakar Krishaji Deshmukh And ORS

29.ao.1009.2014==.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION APPEAL FROM ORDER NO. 1009 OF 2014 Zee Media Corporation Limited .. Appellant Vs.

Mr.Prabhakar Krishaji Deshmukh & Ors.

.. Respondents Mr.Rashmin Khandekar, Advocate I/b Thakore Jariwala for appellant. Mr.Shriniwas S. Patwardhan, Advocate a/w. Mr.Bhooshan Mandlik, Advocate for respondents.

CORAM : A.S. CHANDURKAR, J.

DATE : 11TH DECEMBER 2018 P.C.

On 19th November 2019, the following order came to be passed :- 'The learned counsel for the appellant on instructions states that if the order dated 13/04/2016 passed in Civil Application No.1223/2014 is directed to operate during pendency of the suit, the defendant No.1 would have no grievance in that regard. It is further submitted that by filing written statement it had been clarified that the episodes dated 07/01/2014, 10/01/2014, 21/01/2014, 22/01/2014, 13/02/2014 and 14/02/2014 are not intended to be telecasted. There is no appearance on behalf of the respondent No.1. Considering the aforesaid statement, prima facie, the interests of justice would be met by continuing the interim order dated 13/04/2016 during pendency of the suit. However to grant one opportunity to the respondent No.1 put up in 'Order Matters' on 30/11/2018."

The learned counsel for the respondent No.1, on instructions, submits that if the proceedings in the suit are expedited by permitting the interim order dated 13th April 2016 to continue to operate without prejudice to the rights of the parties, the interests of justice will be served. Shraddha Talekar PS 1/2

29.ao.1009.2014==.doc On 13th April 2016, this Court, while admitting the appeal, partly granted interim relief in favour of the appellant herein. As this order is operating from 13th April 2016, it would be in the interest of parties that the suit is decided expeditiously. Hence the following order is passed :-

O R D E R

(i) The proceedings in Special Civil Suit No.295 of 2014 are expedited. The trial Court shall take steps to decide the suit by the end of December-2019.

(ii) During pendency of Special Civil Suit No.295 of 2014, the order dated 13th April 2016 shall continue to operate. This would, however, be without prejudice to the rights and contentions of the parties.

(iii) The trial Court shall decide the suit on its own merits without being influenced either by grant of interim relief or continuation thereof.

(iv) The appeal is disposed of in the aforesaid terms. Pending civil applications are also stand disposed. (A.S. CHANDURKAR, J.) Shraddha Talekar PS 2/2