Bombay High Court
Trichur N. Subramanian vs India Literacy Mission on 7 August, 2025
Author: R.I. Chagla
Bench: R.I. Chagla
909-IAL-23224-25.doc
Sharayu Khot.
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
INTERIM APPLICATION (L) NO. 23224 OF 2025
IN
SUIT (L) NO. 23210 OF 2025
Trichur N. Subramanian ...Applicant /
Plaintiff
Versus
India Literacy Mission & Ors. ...Defendants
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Mr. Janak Dwarkadas, Senior Counsel a/w Mr. Darius Khambata,
Senior Counsel i/by Cyril Amarchand Mangaldas for the Applicant /
Plaintiff.
Mr. Varun K. Chopra (through VC) i/by Mr. Aditya R. for the
Defendant No. 1.
Mr. Arun Unnikrishnan and Ms. Urvi Gulechha i/by Jadeja and Satiya
for the Defendant Nos. 2 to 4.
Mr. Aurup Dasgupta a/w Ms. Drshika Hemnani i/by M/s. Jhangiani,
Narula & Associates for the Defendant No. 16 and 17.
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CORAM : R.I. CHAGLA J
DATE : 7 August 2025
SHARAYU
PANDURANG
KHOT
ORDER :
Digitally signed by SHARAYU PANDURANG KHOT Date:
2025.08.11 18:27:38 +0530
1. Mr. Janak Dwarkadas, the learned Senior Counsel appearing for the Applicant / Plaintiff has moved the present Interim 1/3 ::: Uploaded on - 11/08/2025 ::: Downloaded on - 15/08/2025 22:53:10 ::: 909-IAL-23224-25.doc Application for ad-interim relief. At this stage, he presses prayer clause (a) of the Interim Application. He has referred to the Notice at Exh.B to the Plaint. He has submitted that the said Notice is per se defamatory and premised on a complete misleading of the email dated 16th April 2025, which was addressed by the President of Rotary International. He has in particular referred to the last four lines before Point No. 4 of the said Notice.
2. Mr. Varun Chopra, learned Counsel for the Defendant No. 1, Mr. Arun Unnikrishnan, learned Counsel for the Defendant Nos. 2 to 4 as well as Mr. Aurup Dasgupta learned Counsel for the Defendant Nos. 16 and 17 have jointly made a statement on instructions of the respective Defendants that henceforth, these Defendants will not publish and/or communicate defamatory allegations / statements of the like contents in the said Notice at Exh.B to the Plaint. The statement is accepted.
3. Considering that I am of the prima facie view that the statement made in the said Notice at Exh.B to the Plaint is per se defamatory against the Plaintiff, there shall be ad-interim order in terms of prayer clause (a) in respect of the other Defendants, who 2/3 ::: Uploaded on - 11/08/2025 ::: Downloaded on - 15/08/2025 22:53:10 ::: 909-IAL-23224-25.doc have not been represented today.
4. It is made clear that the aforementioned statement made on behalf of the respective Defendants is without prejudice to the rights and contentions of these Defendants.
5. The Plaintiff is permitted to file additional Affidavit in Support of the Interim Application to bring on record the documents subsequent to the filing of the present Suit.
6. The Defendants shall file their Affidavit in Reply to the Interim Application within a period of two weeks from the date of this order.
7. The Plaintiff is at liberty to file Affidavit in Rejoinder within a period of one week thereafter.
8. Interim Application shall be placed for further consideration on 8th September 2025.
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