Mumbai: The Bombay High Court has granted ad-interim relief to Mumbai-based real estate developer S D Corporation Pvt Ltd in a defamation suit, directing that allegedly defamatory social media posts, videos, and messages targeting the company and its MHADA redevelopment project should not be circulated further until the next hearing.Justice Abhay Ahuja passed the order on July 27 while hearing an interim application filed by S D Corporation in its suit against BJP worker Devang Dave and others. The HC held that the company had made out a prima facie case for ad-interim relief.According to the suit, S D Corporation, a joint venture between the Shapoorji Pallonji Group and the Dilip Thacker Group, alleged that the defendants had circulated false, malicious, and misleading content on social media platforms against the company’s integrated redevelopment project at Samta Nagar in Kandivli East.In court, the developer submitted that the redevelopment project covers a 55-acre Mhada layout comprising 166 buildings with around 2,894 allottees. It stated that 72 of the 74 cooperative housing societies are members of the Samta Nagar Cooperative Housing Societies Union Ltd, which has received Mhada’s no-objection certificate for the integrated redevelopment. Although 13 societies have challenged the project before the HC seeking exclusion, no interim relief has been granted in those petitions, the company argued.Senior advocate Chetan Kapadia, appearing for the developer, contended that despite a cease-and-desist notice issued on May 13, the defendant continued publishing and circulating allegedly defamatory material. The company also sought damages and a permanent injunction against further publication of such content.Counsel for the defendant opposed the plea, arguing that truth is a complete defence to defamation and contended that the statements reflected the grievances of 11 housing societies. On being questioned by the court, however, the defence acknowledged that Dave was neither a member, purchaser, nor a prospective purchaser in the redevelopment project.Observing that terms such as “corrupt”, “fraud” and “scam” used in the impugned posts appeared, prima facie, to be disparaging and capable of interfering with the plaintiff’s business and contractual relations, the court granted ad-interim protection.The HC directed the defendants and all hosts, including those not party to the litigation, not to further circulate the impugned statements, posts, and videos identified in the suit until the next hearing.The court also granted ad-interim relief restraining further publication of similar allegedly defamatory material, while directing the parties to complete pleadings. The matter has been posted for further hearing on August 31.
