DHYANDEV KACHRUJI WANKHEDE Vs. NAWAB MALIK

JUDGEMENT

(1.) On 25/11/2021 this Court passed the following order :

(2.) On 29/11/2021 the above Appeal was disposed of by a consent order, wherein it was agreed by the Respondent - Nawab Malik through his Advocate/Counsel that the statement made by him on 25/11/2021, and accepted by this Court as an undertaking given to this Court, shall continue until the final order in Interim Application (L) No.25975 of 2021 in Suit (L) No.25974 of 2021 is passed and uploaded by the learned Single Judge.

(3.) The learned Advocate for the Appellant has filed an Affidavit dtd. 6/12/2021 before us pointing out that the statement made by the Respondent dtd. 25/11/2021 and recorded before us on 29/11/2021, as set out in sub clause (v) of paragraph 6 of our order dtd. 29/11/2021 has been willfully breached. In support of the Appellant's case our attention is drawn to the interviews/statements made by the Respondent - Nawab Malik, which are annexed as Exhibit C and D to the said Affidavit. On a query raised by the Court as to whether the statements of the Respondent contained in Exhibits C and D, are made by him in his personal / individual capacity or in his capacity as Minister of the State of Maharashtra, after taking instructions, the learned Advocate for the Respondent has informed us that he has made these statements in his capacity as a Spokesperson of the Nationalist Congress Party (NCP).