Bombay High Court: In the defamation case filed against Shiv Sena leader, Sanjay Nirupam who made communal remarks against the plaintiff that he was carrying on a ‘secret campaign’ to register the slums in the name of Muslim persons with the help of Slum Redevelopment Authority’s officials, the Single Judge Bench of R.I. Chagla, J., held that the allegations made prima facie appear to be wholly untrue. The Court held that only 7 out of 67 residents were Muslims in that society. Thus, the Court granted temporary injunction to the plaintiff and restrained the Shiv Sena leader from making any such libellous and defamatory communal statements. Furthermore, the Court opined that the conduct of tearing the notice showed that there was no respect for the proceedings of the Court.
Background
Sanjay Nirupam, Shiv Sena leader and former Congress Member of Parliament (MP) had made communal allegations against the plaintiff, with respect to the redevelopment of the Shree Shankar Society. He alleged that the said redevelopment was a secret campaign in which Muslim developers were taking up slum redevelopment projects and were illegally registering the slums in the name of Muslim persons with the help of Slum Rehabilitation Authority’s (‘SRA’) officials.
Thus, the plaintiff filed a defamation suit against the Shiv Sena leader.
Analysis, Law and Decision
The plaintiff drew attention of the Court on the order dated 18-8-2025 wherein it was stated that Sanjay Nirupam had not made appearance on several occasions and if he failed to appear even on the next date i.e. on 20-8-2025, then the application for the ad-interim relief would be heard ex-parte. In the same order, the Court had directed the plaintiff to serve the notice to the Shiv Sena leader regarding the same.
The Court noted that the plaintiff had intimated Sanjay Nirupam about the date of next hearing by letter, WhatsApp message and even by email. After the order dated 18-8-2025, the plaintiff again send the intimation to the residence of Sanjay Nirupam, which was torn and returned it to the messenger of the said notice as the torn notice was annexed in the affidavit filed by them. The plaintiff had also sent the notice through email and on his WhatsApp number.
The Court pointed out that out of the 67 residents in Shree Shankar Society, only 7 were Muslim residents. Thus, the Court opined that the communal allegations prima facie seemed to be wholly untrue.
The Court also stated that the conduct of Sanjay Nirupam, of tearing the notice and not appearing for the proceedings even after repeated intimations showed that he had not respect for the proceedings before the Court.
Accordingly, the Court granted a temporary injunction against the Shiv Sena leader, Sanjay Nirupam from making or publishing any defamatory/ slanderous or libelous statement / imputation against the plaintiff as the statements made by him prima facie appeared to be wholly untrue. The Court further directed the Advocate of Sanjay Nirupam to file the Vakalatnama within one week and listed the case for hearing on 10-9-2025.
[Chandiwala Enterprises Pvt. Ltd. v. Sanjay Nirupam, I.A No. 23969 of 2025, decided on: 20-8-2025]
Advocates who appeared in this case:
Advocate for the Plaintiff- Janak Dwarkadas, Senior Counsel; Cherag Balsara, Yogesh Patil, Sanjeev Singh i/by Ritesh Singh, Advocates
Advocate for the Defendant- Mahesh B. Gupte
