Smita Thackeray had filed a suit in HC in November 1997, complaining of defamatory articles published in Mahanagar against her. On November 10, 1997, counsel for Mahanagar agreed that till his reply could be filed the articles complained of and the allegations made against Smita Thackeray would not be repeated or published or republished by the defendants.

Thereafter, Mahanagar wrote an ``editorial'' in its issue dated November 22, 1997, in relation to which, on December 2, 1997, the HC observed that on the face of it the editorial/explanation published by the defendants appeared to be highly objectionable and an attempt to obstruct the judicial process. The Court issued a notice to them to show cause as towhy the action of contempt should not be initiated against them and why they should not be punished. On January 21, 1998, the Court recorded that in view of the statement already made, which was continuing, the notice of motion would be heard in due course.

Thereafter in July, 1998, in an article entitled `Kaleidoscope' Nikhil Waghale once again referred to Smita Thackeray. He said Mahanagar had given an undertaking to HC that it would not republish articles which were the subject matter of the suit and that ``this means Mahanagar is free to publish any other article about Smita Thackeray.'' This was followed by another article in Apla Mahanagar in the issue dated August 27, 1998, in which it was alleged Smita Thackeray had been allotted a flat in Pune through the Chief Minister's quota in violation of the rules.

Smita Thackeray then applied for an amendment of the pending suit to impugn the subsequent articles. She submitted the conduct on the part of the defendants showed asustained and malicious attack on her reputation and her family members and applied for ad interim orders restraining Mahanagar from publishing any article about her or making any reference to her in any of its issues and those of its allied publications.

After hearing the parties, Justice Deshpande passed an ad interim order and made the chamber summons returnable after 4 weeks.

G E Vahanvati, senior advocate, insrtructed by M/s Gagrat & Co., appeared for Smita Thackeray. Ranjan Dharmadhikari appeared for Nikhil Waghale and Mahanagar.