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HC quashes defamation proceedings against Ratan Tata

August 3, 2019[2019] 108 62 (Bombay)

COMPANY LAW : Where complaint was instituted by respondent No.2 i.e. Nusli Wadia for offence of defamation alleging that act of petitioner i.e. Ratan Tata in issuing special notice under section 169(2) read with section 115 alongwith brief background about conduct of Nusli Wadia for his removal as director of relevant Tata Companies was defamatory statement and by impugned order process was issued against petitioner for offences punishable under sections 500 and 34 of Indian Penal Code, it was held that Magistratehad failed to take into consideration very genesis of exercise of his power about being satisfied that allegations in complaint constituted an offence of defamation and there was no indication in impugned order demonstrating his satisfaction based on material placed before him and, therefore, order passed by Magistrate being without application of mind sustained was to be quashed and set aside

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