Bombay HC Grants Interim Injunction To Actor Amyra Dastur Against Luviena Lodh From Making Defamatory Statements Against Her

Vacation court of Justice Prithviraj K Chavan was hearing the interim application filed by Amyra Dastur along with her suit.

According to the plaintiff, the defendant has been causing damage to her by persistently and continuously making defamatory and libelous statements on social media as well as electronic media.

Advocate Saveena Bedi of Lawhive appeared on behalf of the plaintiff and contended that malicious publications made by the defendant are untrue, false and defamatory, allegedly portraying the plaintiffs as 'druggist'. The plaintiff is a well-known film actress of Bollywood, Bedi argued.

She then drew the Court's attention to the defendant's tweet dated October 23, 2020 which reads as under;

"Meri shaadi Mahesh Bhatt ke bhanje Sumit Sabherwal ke sath huyi thi, aur maine unke khilaaf divorce case file kiya hae kyunki mujhe pata Chalgaya tha woh drugs supply karte hain actors ko jaise Amyra Dastur, Sapna Pabbi".

It is, thus, contended that such libelous and defamatory statements on the social media have caused harm and damage to the reputation of the plaintiff in the eyes of the public and in the society at large, Advocate Bedi submitted.

On the other hand, Advocate Prashant Pandey instructed by Weleagaue, appeared for the defendant and submitted that the defendant was also an actress but is now a makeup Director. She maintains that she has not at all defamed or caused any damage to the reputation of the plaintiff but she has only placed the truth and the facts as noticed on the social and electronic media, Advocate Pandey said.

Thus, learned Counsel for the defendant, at this stage, orally admits accountability of the defendant qua the statements made on the social and electronic media, Court noted.

When Court asked Advocate Pandey as to whether the defendant would stop making such statements, he took instructions and submitted that she (defendant) is ready for undergoing a Narco analysis test in support of the statements made by her on the social and electronic media. The defendant has not and does not intend to make any defamatory statement qua the plaintiff, Adv Pandey argued.

Finally, Court concluded-

"Having considered the respective submissions at bar, it would be just and proper to grant ad-interim relief to the plaintiff in terms of prayer clause (c).

The defendant shall file affidavit-in-reply, if any, within four weeks from today. Affidavit in rejoinder to be filed within two weeks thereafter."

The next date of hearing is December 22, 2020.

Previously, another bench of the High Court had restrained the defendant from making any defamatory statements against Mahesh Bhatt while hearing a civil defamation suit filed by Mahesh Bhatt and his brother Mukesh Bhatt against Luviena Lodh for making defamatory statements against them and sought Rs.1 crore in damages.