State minister and Nationalist Congress Party (NCP) leader Nawab Malik has sought to file consent terms before the Bombay High Court seeking quashing of the single-judge order refusing to grant interim relief to Narcotics Control Bureau’s (NCB) zonal director Sameer Wankhede’s father in his defamation suit.
Malik approached the Bombay High Court on Friday through his counsel Karl Tamboly seeking to file the consent terms proposing that the order of the single judge be quashed and that Dnyandev’s interim application in the suit be re-heard by the single judge.
The proposed draft terms were filed before the division bench of justices Shahrukh Kathawalla and Milind Jadhav which is hearing an appeal filed by Dnyandev challenging the order of the single bench – justice Madhav Jamdar – which refused to pass restraining orders against the NCP minister.
Senior advocate Birendra Saraf, counsel for Dnyandev, opposed to the clause in the proposed draft consent terms which sought quashing of the singlejudge order.
On a court query, Saraf said that although justice Madhav Jamdar had refused to pass restraining order against Malik, he had made stern observations against the NCP minister in his the 50-page order which could work in Dnyandev’s favour.
Saraf, however, said that they would consider the draft consent terms and give their reply to the same on November 22.
While Saraf sought time to get instructions from his client on the intricacies of the proposed terms, he assured the Court that from his side, he wanted to sort this issue once and for all.
Apart from seeking quashing of the single judge order, the draft consent terms propose that Malik be permitted to file a comprehensive affidavit in reply.
He has also said that the single judge re-hear Dnyandev’s interim application in the defamation suit, uninfluenced by the earlier order which is sought to be quashed.
In the meanwhile, Malik has said that he will refrain from posting any comments against the Wankhedes as per his statement before the HC.
On November 22, justice Jamdar had refused to restrain Malik from making any statements against the Wankhedes, but had said that the NCP leader’s tweets “actuated out of malice and animosity”. The judge had also asked Malik to verify before posting anything on social media.
