Bombay HC Grants Interim Injunction To Actor-Producer Nikhil Dwivedi Against Actor Kamal R. Khan From Making Defamatory Statements Against Him

The Bench of Justice A. K. Menon was hearing the plea of Dwivedi, which was filed against Khan, in connection with the alleged defamatory and slanderous Tweets and the YouTube Videos posted by khan wherein he had allegedly made defamatory statements as also baseless allegations against Dwivedi.

Facts in brief

Dwivedi is an actor, cinematographer, producer and a shareholder of Saffron Entertainment & Media Limited and his company is engaged in the production of feature films.

Khan, who happens to be an actor and reality TV personality, publishes reviews on his own YouTube channel and he posted some 'reviews' specifically dealing with Dwivedi and it was alleged that said 'reviews' are defamatory and intended to be so.

The series of tweets and other 'reviews' were categorically reproduced in the plea filed by Dwivedi.

Dwivedi also referred to the 'Tweets' posted by Khan on Twitter and alleged that Khan tagged Enforcement Directorate and Income Tax Department on those tweets as well.

The Counsel for Dwivedi, Sr. Counsel Veerendra Tulzapurkar submitted that the intention of Khan was clearly to sully his reputation, defame the plaintiff and lower him in the eyes of the right-thinking members of society

It was also alleged that the reviews were published in September 2020 an initially Dwivedi ignored the tweets, however, Khan persisted in publishing such a review again in January 2021.

Lastly, it was submitted that the second review clearly makes out a prima facie case against Khan.

The Hon'ble Court read through the statements made by Khan and recorded that prima facie case has been made out against him and thus, granted ad-interim relief against Khan

The Court said,

"There will be an ad-interim injunction restraining the defendants, their employees, servants, agents and/or any person/s acting for and/or on behalf of and/or claiming through or under them, from publishing and/or re-publishing and/or distributing and/or disseminating in any manner whether directly, indirectly or derivatively the Acts of Defamation, and/or any other statements (whether written, printed, audio or video) containing the same or similar allegations (as included in the said Acts of Defamation), against the plaintiff."

Further, liberty has been granted to Khan to apply if so advised after filing an affidavit in reply and after serving 72 hours' notice upon the plaintiff's Advocate.

Nikhil Dwivedi was represented by Sr. Counsel Veerendra Tulzapurkar along with Advocates Rohan Kelkar, Kartikeya Desai and Asadali Mazgoanwala.

Case title - Nikhil Dwivedi v. Kamaal Rashid Khan & Ors. [Interim Application (L) No. 4786 of 2021 In Suit (L) No. 4783 of 2021]

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