SANDESH LIMITED Vs. CHANDULAL JETHALAL JAISWAL

JUDGEMENT

(1.) Heard Mr.S.J.Shahfor the original petitioner, Mr.G.D.Bhatt for respondent No.2 and Mr.Chandulal Jethalal Jaiswal, the respondent No.1 in the main petition as well as applicant in Civil Application No.133/05 who is appearing as party in person. Since the party in person was appearing I have heard him in detail. Main petition is for challenging the order, dated 26.4.93 passed by the Press Council of India.

(2.) Mr.Shah, at the outset, submitted that the petitioner is desirous to withdraw the petition and therefore permission may be granted to the petitioner to withdraw the petition. Mr.Bhatt, Ld.advocate for the respondent No.2-Press Council of India has left the matter to the court. Mr.Bhatt submitted that he is supporting the order passed by the Press Council of India, however, for withdrawal of the petition, he leaves the matter to the court.

(3.) The respondent No.1, Mr.Jaiswal who has also preferred Misc.Civil Application No.133/05, objected to the permission to be granted to the petitioner to withdraw the petition on the grounds as mentioned in the civil application and in furtherance of the said civil application he has also submitted written synopsis. The objection is mainly on two grounds, i.e. one is that the original petitioner has made false statements in the petition and the second ground is that the withdrawal should not be permitted without payment of compensation of not less than Rs.2 crores to him. In support of the first objection, it has been submitted interalia that the statement made in para 13 is false. The statement made at para 13 of the petition reads as under: