The matter was taken on Board before Hon’ble Judge Shri Anil H. Laddhad on 9th and 10th of February, 2022
Advocate Abha Singh argued for Defendant No.1 against the temporary injunction being sought by the Plaintiff in Notice of Motion No. 100188 of 2022. The said temporary injunction is being sought to restrain the Defendants from posting defamatory content against the Plaintiff and his family members in relation to the Plaintiff and/Farm House on any social media platform.
Adv Abha Singh began with a brief introduction of Mr. Ketan Kakkad by mentioning that Mr. Ketan Kakkad is still an American citizen and holds an American passport. A reputable person of the society who came back to India in the year 2014 to lead a retired life with his wife at the Panvel farmhouse land which was purchased in the year 1996.
That Mr. Kakkad has not been able to rightfully access his lands since 2014 when he permanently came back from the United States and settled in India, due to the encumbrances caused by Mr. Salman Khan and his family.
Adv Abha Singh bought to the notice of the Hon’ble Court that the same was caused by erecting a huge gate which obstructs access to the land of Mr. Ketan Kakkad. It was further mentioned before the Hon’ble Court how the Plaintiff ( Mr. Salman Khan)early on in his career used to invite Mr. Ketan Kakkad on his farmhouse for having evening pleasantries. Mr. Salman Khan also used to often access the Mr.Kakkad’s farmhouse land for jogging and fishing from the stream adjacent to the land.
She further averred that Mr. Ketan Kakkad whilst he was in the United States of America, had laid down a small eco-friendly temple of Lord Ganesha on the said land and was able to access freely without any objections till 2014 before he decided to shift back to India permanently.
It was brought to the Notice of the Hon’ble Court that the cause of making statements on social media platforms was mainly that Mr. Ketan Kakkad was not given right of way to visit his own temple and also was not even granted any sort of electricity for light let alone a bulb by the said authorities of the area.
Mr. Ketan Kakkad has approached all the departments for his grievances like the Forest Department, etc. He has also filed complaints and FIRs and due inquiry is instituted. The cases are also pending before the respective courts, the Hon’ble court was made aware of.
Mr. Ketan Kakkad has acted as an activist by revealing the facts on a social media platform with respect to the illegal constructions in eco-sensitive area know as the Matheran Eco-Sensitive Zone, thereby causing immense harm to the environment.
The subject matter of this case are the videos/tweets uploaded on the platforms Youtube , Facebook and Twitter wherein Mr. Ketan Kakkad finally decided to speak about his dire situation and make the public aware about the same.
The said videos are not obscene, do not use foul language and are of the most innocent nature wherein a helpless man is requesting light for the temple of Lord Ganesha on his land.
During the course of the Arguments made by the Plaintiff’s advocates, many statements relating to child trafficking, drug trafficking, graveyard, girlfriends, etc. were projected as statements being made by Mr. Kakkad and the same is highly being circulated in the print and the electronic media but, on the contrary those statements were made by other co-defendants.
Mr. Ketan Kakkad has been deliberately misquoted on various occasions which is causing damage to his personal reputation.
Adv Abha Singh clarified that her client, Mr. Ketan Kakkad has time again reiterated that he respects the plaintiff and his family and also does not mean to tarnish anyone’s reputation, a disclaimer was made for the same.
Mr. Ketan Kakkad has been shown in bad light as to make frivolous and false accusations against the Plaintiff, and hence, we would like to clarify that such conjectures are baseless.
The Plaintiff wants to gag Mr. Ketan Kakakd to the extent of not speaking with respect to the Panvel Farmhouse. The Hon’ble Court will continue to hear the matter on 11th of February 2022.