Nawab Malik Approaches Division Bench Seeking To Quash Single Judge's Ad-Interim Order

Malik's Advocate, Karl Tamboly, tendered draft consent terms before the division bench of Justices SJ Kathawalla and Milind Jadhav on Friday and pleaded that the case be remanded back to the single judge as per the current assignment and be heard afresh.

When the bench asked for a response from Wankhede, Senior Advocate Birendra Saraf on the family's behalf, opposed the same. The bench then sought to know from him as to why he would oppose setting aside an order which was against the Wankhedes. To this, Saraf told the bench that despite the family not getting an injunction against Malik in the defamation suit, the single judge's order did make various observations against Malik on the issue of malice.

Saraf then sought time to seek instructions on the details of the draft consent terms, after which the case was adjourned for Monday.

The division bench was hearing Sameer Wankhede's father Dhyandev's appeal for ad-interim reliefs to restrain Malik from making defamatory statements. The appeal was against Justice Madhav Jamdar's order refusing to restrain Malik in Dhyandev's Rs. 1.25 crore defamation suit against Malik. Justice Jamdar, however, had directed Malik not to post statements without verification.

The single judge had also observed that while Malik's statements appear to be driven by malice, he had raised very important issues concerning the acts and conduct of Sameer Wankhede who is a public official.

Among other things, Malik's draft consent terms also seeks liberty to file a comprehensive affidavit in reply to Wankhede's plea for ad-interim injunction against him. The points mentioned in the draft consent terms are:

- The Impugned Order (order passed by the single judge) is set aside.

- The Respondent/Defendant shall file his comprehensive Affidavit in Reply to the Interim Application

- The Appellant/Plaintiff shall file his Affidavit in Rejoinder to the same

- The Statement made by the Respondent as recorded in Order dated 25 November, 2021 shall continue pending the disposal of the Interim Application

- The Interim Application shall be disposed of uninfluenced by the Impugned Order or by any order passed in this Appeal. All rights and contentions of both sides are kept expressly open.