sg 1/2 nmsl1306-14.

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
NOTICE OF MOTION (LODGING) NO.1306 OF 2014
IN
SUIT (LODGING) NO. 551 OF 2014
Salman Salim Khan Applicant
In the matter of :
Salman Salim Khan Plaintiff
Vs.
M/s. TV Today Network Ltd., Through
Headlines Today And 5 Ors. Defendants
.
Mr. Gaurav Joshi, Senior Counsel along with Mr. Munaf Virjee along
with Mr. Manhar S. Saini i/b. DSK Legal for the Plaintiff.
None for the Defendants.
.
CORAM : S.C. GUPTE, J.
(VACATION COURT)
DATED : 30 MAY 2014
P.C. :
. The Plaintiff has taken out the present Notice of Motion for
restraining the Defendants from telecasting or publishing the
programme Telecast as ' The Hit and Run Case', which was first shown
on 21 May 2014 on Headlines Today and is produced in a form of CD
being Exhibit - I to the plaint.
2. It is the case of the Plaintiff that the allegations made in the
programme are defamatory and seek to dramatise and sensationalise a
criminal case, which is presently being prosecuted against the Plaintiff
and that the allegations prejudice and influence the outcome of the

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criminal case. The Plaintiff has given several instances of the offending
allegations and aspersions in para 21 of the plaint. The Plaintiff claims
an injunction restraining the Defendants from communicating to the
public the said programme telecast as the Hit and Run Case or any
material similar to the programme or bearing on the pending criminal
case other than communications which are factually correct.
3. The Plaintiff has duly served the Defendants with the plaint,
Notice of Motion and the affidavit in support thereof and a notice of
today's ad-interim application. Learned Counsel for the Plaintiff has
tendered an affidavit in proof of service affirmed on 30 May 2014.
Inspite of notice, the Defendants are absent.
4. Having regard to the averments made in the plaint and the
affidavit in support of the Notice of Motion, as of now interest of justice
would be served if the Plaintiff is asked to renew his application on
Monday with fresh notice to the Defendants and in the meanwhile the
Defendants are restrained from repeating the programme telecast as Hit
and Run case.
5. Place this matter on Monday, 2 June 2014, for consideration of
ad-interim reliefs. The Plaintiff shall give a fresh notice of the
application to be made to the Defendants. In the meantime, the
Defendants are restrained from telecasting the programme known as
the Hit and Run Case or publishing the same on the Internet.
( S.C. GUPTE, J. )

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