Bombay High Court
Lodha Developers Limited vs Krishnaraj Rao And 2 Ors on 5 February, 2019
Author: S.C. Gupte
Bench: S.C.Gupte
sat 1/5 nmsl 243-2019.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
NOTICE OF MOTION (L) NO.243 OF 2019
AND
NOTICE OF MOTION (L) NO.152 OF 2019
AND
NOTICE OF MOTION (L) NO.180 OF 2019
AND
NOTICE OF MOTION (L) NO.227 OF 2019
AND
NOTICE OF MOTION (L) NO.228 OF 2019
IN
SUIT (L) NO.70 OF 2019
Lodha Developers Limited ...Applicant/Plaintiff
vs
Krishnaraj Rao & Ors. ...Defendants
Mr. Sharan Jagtiani, Mr.Anirudh Hariani, Mr. Ameet Hariani, Mr.
Nooruddin Dhilla and Mr. Zaid Wahidi i/b. Hariani and Co. for the
Plaintiff/Applicant.
Mr. Krishnaraj Rao, Defendant No.1 present in person.
Mr. Zal Andhyarujina a/w. Mr. Jarin M. Doshi i/b. Malvi Ranchoddas and
Co. for Defendant Nos. 2 and 3.
CORAM : S.C.GUPTE, J.
DATE : 5 FEBRUARY 2019 P.C. :
Heard learned Counsel for the Plaintiff and Defendant Nos.2 and 3, and Defendant No.1 in person.
2 By an order dated 29 January 2019, this court granted ad- interim reliefs concerning some publications made by Defendant No.1, some of which, according to the Plaintiff, were in breach of an injunction order passed by this court earlier and whilst the others were scandalous ::: Uploaded on - 06/02/2019 ::: Downloaded on - 07/02/2019 23:11:47 ::: sat 2/5 nmsl 243-2019.doc and had the effect of lowering the dignity of the court. The Plaintiff makes this present application seeking further ad-interim reliefs. The reliefs concern certain other publications, which according to the Plaintiff, were referred to in the notice of motion and the affidavit originally filed in support of the motion and also were meant to be made part of the ad- interim order passed by this court on 29 January 2019.
3 After the matter has been heard at some length, learned Counsel for the Plaintiff does not press his ad-interim application as of now. Learned Counsel, however, submits that he would be urging the averments made in the additional affidavit filed today and relying upon the material handed over to the court today concerning those averments, at the hearing of the notice of motion and on that basis, seek even appropriate reliefs against the Defendants under Order 39 Rules (2-A) and (11) of the Code of Civil Procedure. Accordingly, the additional affidavit tendered as well as documents produced today shall be considered at the hearing of the notice of motion scheduled to come up on 14 February 2019.
4 In the meantime, considering, however, that Exhibits 'D' and 'J', originally proposed as attachments to the affidavit in support of the notice of motion were not physically annexed to the affidavit as a result of an oversight, the Plaintiff is permitted to amend its affidavit in support of the notice of motion and annex Exhibits 'D' and 'J'.
5 As far as Exhibit 'J' sought to be added to the exhibits in the notice of motion is concerned, Defendant No.1 agrees that the following sentence in the video, namely, "It only needs a big fat counsel, senior ::: Uploaded on - 06/02/2019 ::: Downloaded on - 07/02/2019 23:11:47 ::: sat 3/5 nmsl 243-2019.doc counsel, and it needs a judge who, well, shall we say is much less than judicious, that's what it takes," shall be deleted from the video circulated on his channel on YouTube.
6 Learned Counsel for the Plaintiff submits that for effective communication and implementation of the order passed by this court on 29 January 2019, the URL's of the videos, which have to be removed by YouTube LLC, may be indicated in the order. It is made clear that the following videos, transcripts whereof are produced as 'X', 'X-1', and 'X-2' or annexed as Exhibits 'C', and 'E' to 'I' and Exhibits 'K' to 'Q' as shown in the final list of videos, which have to be deleted in pursuance of the orders dated 23 January 2019 and 29 January 2019, shall be deleted by YouTube LLC.
VIDEOS COVERED BY THE ORDER DATED 23 JANUARY 2019 Date Title URL Transcript 21 January 2019 Aaj court mein https://youtu.be/hDgknS X hamaare laude lag RkX-c gaye... And that's why we need audio-video recording in courts 21 January 2019 Lodha NCP: A close https://youtu.be/MopLge X-1 look at dry walls & QIJjg electricals, and how they are fitted together 22 January 2019 Tomorrow, I shall go https://youtu.be/kpJ0lsQ X-2 on indefinite fast for Ygmo Audio-Video Recording of court proceedings VIDEOS COVERED BY THE ORDER DATED 29 JANUARY 2019 ::: Uploaded on - 06/02/2019 ::: Downloaded on - 07/02/2019 23:11:47 ::: sat 4/5 nmsl 243-2019.doc I. VIDEOS IN BREACH OF THE ORDER DATED 21 JANUARY 2019 (PARAGRAPH 8) Date Title URL Transcrip t 23 January Day 2 of fasting https://youtu.be/vrKhKa27 Exhibit 2019 homeless wK0 "C"
25 January Refuge areas of https://youtu.be/86z1ROcT Exhibit
2019 Lodha NCP - No M7c "E"
rescue is possible, no
safety from smoke &
fire
26 January Start of Day 4: https://youtu.be/kUdmsFc5 Exhibit
2019 Fasting Homeless 0-4 "F"
movement is rocking
�
26 January Lodha apne https://youtu.be/JBcGnUeX Exhibit
2019 customers ko asli flat px4 "G"
NAHIN dekhne deta
hai
26 January Lodha NCP: Aise https://youtu.be/sav- Exhibit
2019 open spaces aapke 4pYET5Y "H"
bhi honey chahiye
26 January How Banks are part https://youtu.be/2xI6Ha5- Exhibit
2019 of Lodha scam 6dw "H-1"
26 January Lodha Imperia https://youtu.be/Luh3rklxT Exhibit "I"
2019 Bhandup 2.5BHK has _4
good architecture &
build quality
II. SCANDALOUS VIDEOS (PARAGRAPH 10)
Date Title URL Transcript
23 January 2019 Litigants https://youtu.be/VlIV_0uUhs Exhibit "K"
beware!
WhatsApp
opinions on
proceedings are
a heinous crime
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sat 5/5 nmsl 243-2019.doc
Date Title URL Transcript
-- Bombay HC
23 January 2019 Bombay HC: https://youtu.be/BA3nPtrcqp Exhibit "L"
Defendant has o
no right to air
opinions on
Whatsapp
24 January 2019 Hindi - Why I https://youtu.be/9lJuxxVlUA Exhibit "M"
am doing 4
Homeless
Fasting
24 January 2019 Please make https://youtu.be/DHFb8E85Z Exhibit "N"
videos about y4
Judge's
temperamental
behaviour
25 January 2019 Hindi - I would https://youtu.be/ZAO6funVx Exhibit "O"
love to spend hY
26th Jan in Jail.
So I am
committing
contempt again
25 January 2019 Hindi - 3.2K https://youtu.be/5sDSWZmP Exhibit "P"
donations ke kIM
liye dhanyavaad
27 January 2019 Focus on https://youtu.be/BqDsUCoKi Exhibit "Q"
AUDIOVIDEO LA
RECORDING of
case, not Lodha
(S.C. GUPTE, J.)
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