Mumbai, June 3: The sessions court has convicted 82-year-old Rajendra Jain, former secretary of Nishigand Sahniwas Cooperative Housing Society, Bandra (East), for defamation on a complaint filed by society member and advocate Shobha Shet, 57, after she and her mother were described as “habitual” in harassing the society by filing false cases.
Shet had approached the sessions court against the acquittal order passed by the metropolitan magistrate court, Bandra. She had originally filed the case before the magistrate court against the chairman and secretary of the society. During the trial, the chairman died and proceedings continued against Jain.
Notice at centre of defamation dispute
According to Shet, the accused tried to defame and intimidate her for filing several complaints against the managing committee and the society before various authorities.
She said that on November 22, 2012, the accused circulated a notice for the annual general meeting (AGM) with an agenda to adopt expulsion proceedings against member K. V. Shet for allegedly harassing the society and its members by filing false civil, criminal and other cases through her daughter, S. V. Shet.
Shet claimed the notice contained defamatory material against her and her mother. She argued that her mother had filed several complaints seeking relief under different laws and that judgments and orders in those matters had gone in their favour, showing that the cases were not false.
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Court finds statement to be false
Jain contended that the complainant was repeatedly harassing the managing committee and that he had acted as per the collective will of society members. He denied any intention to defame.
The court held that records showed the complainant’s mother had not filed false cases and that the AGM agenda contained a false statement. Jain was fined Rs 10,000, of which Rs 9,000 will be paid to Shet as compensation.
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