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Arvind Anant Halbe v. Lilavati Kirtilal Mehta Medical Trust & Ors.

Civil Appeal · Neutral citation not assigned (Civil Appeal No. 164 of 2016)Decided 11 Jan 2016
Civil Appeal No. 164 of 2016
Justice Anil R. Dave · Justice Adarsh Kumar Goel

Background

Arvind Anant Halbe appealed to the Supreme Court against adverse remarks a learned Single Judge of the Bombay High Court had made against him in proceedings concerning the Lilavati Kirtilal Mehta Medical Trust. The appeal was not about the ultimate outcome of those underlying proceedings, but specifically about the personal criticism directed at him in the High Court's order.

Decision Breakdown

After hearing counsel for the parties, and in particular counsel for the appellant, the Supreme Court held that the adverse remarks made against the appellant by the Single Judge should be expunged. The appeal was disposed of as allowed only to that limited extent, with no order as to costs; the Court did not otherwise disturb the substance of the High Court's order.

Lesson Learnt

An individual who is personally criticised by name in a court order, even one who is not the direct losing party on the main relief, can approach a higher court specifically to have those personal adverse remarks expunged, without having to re-litigate the whole case.

Official source (sci.gov.in)View Judgment (PDF)

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