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Madras HC grants interim stay to proceedings against Rajinikanth on lower court summons

Team SoOLEGAL 1 Jun 2018 2:30pm

Madras HC grants interim stay to proceedings against Rajinikanth on lower court summons

The Madras High Court on Thursday granted a stay of proceedings in a defamation case filed against actor Rajinikanth.

The case was heard by a single-judge bench of Justice N Sathishkumar, who granted an order of the interim stay on proceedings on a plea filed by Rajinikanth. The actor has filed the petition seeking quashing of the proceedings and summons issued to him on the defamation complaint filed by S Mukunchand Bothra.

The Judge, however, directed Mr Bothra to file his counter and adjourned the matter for further proceeding on June 25.

Case background:

The Metropolitan Magistrate Court had issued summons to Mr Rajinikanth last month asking him to appear before the court on June 6. The summons was issued on the complaint of Mr Bothra. The complainant had filed a defamation case against Rajinikanth alleging him of extorting money from him.

Bothra, a film financier in his lawsuit, claimed that he had given a loan of Rs. 40 lakh to Kasturi Raja, who happens to be the father-in-law Rajinikanth's daughter's in January 2012 and a further amount of Rs. 25 lakhs later. 

The lawsuit contended that Mr Raja had signed an undertaking that in case he fails to repay the loan, the same can be recovered from Mr Rajinikanth. When Mr Bothra filed the suit for recovery, Mr Rajinikanth subsequently filed an appeal in the High Court claiming that the suit had been moved with an intention to extort money from him.

Mr Bothra then filed the criminal defamation case against the actor, claiming that the actor’s remark has brought disrepute to him.

Following this, Mr Rajinikanth filed a petition in which he submitted that the complaint was not maintainable and was "an abuse of process of law."

"... It is settled law that an averment made in a pleading in civil suit cannot be termed to be a defamatory statement unless the same is struck off by the civil court," the actor said.

Tagged: Madras High Court   Rajinikanth   S Mukunchand Bothra   Metropolitan Magistrate Court  
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