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The high court was hearing a petition filed by the BJP leader against the process issued against him by the magistrate court in the defamation case filed by NSEL against Somaiya in 2017
A single-judge bench of the Bombay High Court comprising Justice Sarang V Kotwal recently allowed BJP Leader Kirit Somaiya to withdraw his plea against the proceedings initiated against him in the defamation case filed by National Spot Exchange Limited (NSEL) and granted him liberty to approach the sessions court.
The high court was hearing a petition filed by the BJP leader against the process issued against him by the magistrate court in the defamation case filed by NSEL against Somaiya in 2017.
During the proceedings, Kirit Somaiya's legal counsel apprised the high court that his client had directly approached the high court, thereby seeking the liberty to proceed to the sessions court.
In his plea, the BJP Leader asserted that NSEL had engaged in the manipulation of substantial funds. He further indicated that he had corresponded with several government authorities, highlighting that NSEL was functioning as a non-transparent financial services company.
Back in 2017, NSEL lodged a criminal defamation lawsuit against the BJP leader under Sections 499 and 500 of the Indian Penal Code (IPC). Somaiya in his plea stated that NSEL was still under probe and therefore could not file a defamation case.
“NSEL is still under probe and cannot claim itself to be absolved in any manner of wrongdoing and now pursue criminal action against one of the complainants,” the plea stated.
Somaiya had earlier also filed a Public Interest Litigation against NSEL alleging that NSEL had duped 17000 investors and was involved in fraud of Rs. 8000 crores.
The bench allowed Somaiya to approach the sessions court against the process issued against him and said,
“Considering this request, permission is granted to withdraw this Petition with liberty to the Petitioner to approach the Court of Sessions to challenge the same order of issuance of process. If the question of limitation is raised, the Revisional Court shall take into account the fact that the Petitioner was pursuing the present Writ Petition before this Court. If such Revision Application is filed, it shall be decided in accordance with law,” the court said.
Case title: Kirit Somaiya vs National Spot Exchange Limited & Anr
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