Thread by @barandbench

Delhi High Court begins hearing Adv Ashok Arora's defamation case against Senior Adv Dushyant Dave.

Suit listed before Justice Kameswar Rao.

#DushyantDave #AshokArora

I seek indulgence to argue after they file a reply. Notice is yet to be issued: Arora

He's trying to bring in documents without a 65B certificate. I have a preliminary objection: Adv Parminder Singh for Dave.

Is there a connected matter? : Court

Yes, but I was transferred from Justice Mukta Gupta. Both matters are distinct: Arora

He has to satisfy the Court first .. the plaint must contain the statement which is defamatory and damages can be given : Senior Adv Nigam for Dave

Is there a connected matter? : Court

The subject matter of the SCBA suit and this suit is the same.. : Nigam

When I was reading, there is some reference to the SCBA matter : Court

I filed the suit. I challenged the suspension. It is against SCBA. This is against an individual: Arora

I have a question of maintainability: Nigam

What is their locus right now : Arora

One min, Mr Arora: Court

They have filed an application to bring on record an annexure. The plaint must be self contained : Nigam

Is the application listed?: Court

Yes..it is just an amendment : Arora

There were some clerical and inadvertent errors : Arora

If the Court issues notice in the application under O6 R 17, I will file a reply : Nigam

Once amendment is allowed, the plaint will be read along with the amendment .. you have an objection to the plaint : Court

How can they file reply without notice in the plaint .. total out of law submissions: Arora

Let them file reply to everything: Arora

He doesn't have the patience to hear me: Nigam

A defamatory statement can be made by one person.. these are separate causes of action..how can he implead 20 defendants? The defamatory statement is not even stated in the plaint : Nigam

What he's filing should be under O6 r16 and not r17 : Nigam

What are you amending?: Court

They passed a resolution.. I am alleging conspiracy for defamation: Arora

Arora refers to a chart filed by him.

They all made a defamatory statement against me together .. almost 133 pages I had to file to say how much the defamed me. This is not only for defamation.. it is mental torture as well: Arora

Arora reads minutes of the meeting of Executive Committee, SCBA.

"They say Rule 22 of SCBA Rules does not empower Secretary to call a meeting.. Ashok Arora caused havoc.. it was signed by all members": Arora

"conduct of Ashok Arora has become obstructive.. " .. each agenda item is intimidating and defamatory: Arora continues to read.

Arora refers to the show cause notice.

They make defamatory statements here also.. : Arora

All this is false..it is a question of trial. Why can't you file your objections in the response: Arora

Arora states that the record shows that he was serving inspite of the ill health of his father.

It's so sickening to read all this.. : Arora

This is.. Ashok Arora, Secretary under suspension.. they circulated it everywhere: Arora

All of them signed it. Show cause is issued on behalf of EC .. even my suspension is illegal. They destroyed democracy rights under the nose the Supreme Court: Arora

Nose of the*

Arora reads more SCBA communications.

It was collective on the saying of the President: Arora

Let them file a reply. There was a caveat. I supplied a copy because the system requires so .. : Arora

What is O6, R17?: Court

There were some errors.. Those who did not participate in the conspiracy, five iron ladies and one gentleman, I don't claim damages against them : Arora

Are the allegations in the other suit almost on the same line?: Court

There I have challenged the suspension order. That is against SCBA. This is collective defamation: Arora

Senior counsel are obstructing administration of justice (by not filing w reply): Arora

Will we not hear them if they had filed a caveat? : Court

They have not filed a caveat: Arora

It is too technical an argument. Why will the Court not hear them when they are here: Court

Arora refers to the original plaint to show the typographical errors.

Arora states the other changes that he wishes to bring to the plaint.

On 3/5/2020, they issued an invitation card.. in my name saying that Chief Justice had agreed to preside over.. It was not correct. The Chief Justice's office called my office.. : Arora

Everybody is calling me saying what is this.. 24 judges boycotted the farewell function because they have wrong information: Arora

And then they criticized the Chief.. I was the whistleblower: Arora

So much wrong they have done: Arora

I'm in My Lord's hand.. : Arora

The suit has become an instrument if harrasment: Nigam

Of harasment*

His suspension is being looked into by a retired judge. The Single judge declined to stay the suspension. Appeal will be listed shortly. What happened in the suspension is part of that suit: Nigam

The cause of action arises against the maker of teh statement. Conspiracy is in criminal law.. nothing is pleaded. It's easy to say.. civil law says "acting in concert": Nigam

How do you join causes in action .. other defendant may not be interested in the other. He needs to bifurcate his plaint: Nigam

Today we ar onto on o6 o17: Court

Are only*

Let's see who can be joined as defendants in one suit ..: Nigam reads relevant CPC provisions.

There are separate meetings from January to May. They were not part of series of transactions: Nigam

Nigam reads the CPC provisions on joinder of actions.

Forget the plaint. Your objections will remain open: Court

Court may allow his amendment even without notice to us. It's his plaint plaint: Nigam

We'll only allow the application then: Court

I'm allowing O6 R17 application only : Court

The other application is to bring on record additional documents.

Amendment is taken on record. Now we'll have it on some other date: Court

I can't say when.. I know what is the condition of the board: Court

Whatever is convenient: Arora

Convenient is February 2021. November is not possible: Court

Matter adjourned till December 9.