SAMEER GULAMNABI KAZI vs RUHINAZ SHAKIL SHAIKH

Judgment text excerpt

2025:BHC-OS:19696 Megha 24-IA-31487-2025_fc.docx IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION INTERIM APPLICATION (LODG.) NO. 31487 OF 2025 IN SUIT (LODG.) NO. 31483 OF 2025 Sameer Gulamnabi Kazi ...Applicant/Plaintiff V/s. Ruhinaz Shakil Shaikh ...Defendant ______________ Mr. Ashish Kamat, Senior Advocate with Mr. Prathamesh Kamat, Mr. Kayush Zaiwalla, Mr. Rahul P. Jain, Mr. Ishwar Ahuja, Ms. Rukshin Ghiara and Mr. Yash Dethe i/b. M/s.Alhpa Chambers, for the Plaintiff. Mr. Gauraj Shah for Defendant No.1. Mr. Hasnain Kazi with Ms.Shraddha Vavhal, for Defendant No.2. Mr. Rishabh Jaisani with Mr. Harit Lakhani and Ms.Richa Bharti i/b. Shardul Amarchand Mangaldas, for Defendant No.3. Ms. Amishi Sodani i/b. Ms. Charu Shukla, for Defendant No.5. Mr. Azhar Tamboli, Defendant No.2 present. ______________ CORAM: SANDEEP V. MARNE, J. DATED: 16 OCTOBER 2025. Judgment: 1) An issue of seminal importance, which the Court is tasked upon to adjudicate, is whether Section 19 of the Code of Civil Procedure, 1908 would govern defamation suits filed in original civil jurisdiction of Page No. 1 of 21 16 October 2025 Megha 24-IA-31487-2025_fc.docx this Court and whether leave under Clause 12 of the Letters Patent would be mandatory for institution of such suits where defamatory material originates outside the local limits of jurisdiction of this Court, but Plaintiff ’s reputation is hurt within its territorial jurisdiction. 2) Plaintiff has filed the present Suit alleging defamation by Defendant Nos.1 and 2. Plaintiff describes himself as the Chairman of Maharashtra State Board of Waqf. He claims to have held several prestigious positions on various organizations and has earned a repute for himself. It is averred in the Plaint that Defendant No.1 is associa