Bombay High Court defamation suit: 90-year-old told to wait until 2046 citing 'ego fight'

The Bombay High Court has adjourned a defamation suit filed by a nearly 90-year-old woman for two decades, effectively scheduling the next hearing for the year 2046. The court labelled it a litigation that “clogs the system". Justice Jitendra Jain, who was presiding over the matter on Tuesday (Apr 28), observed that the legal battle stemmed from a dispute within a cooperative housing society in Malabar Hills neighbourhood, which was an "ego fight" that did not deserve priority. Justice Jain said, “List this matter after 2046. At any cost, this matter should not be given priority on the ground that the petitioners are senior citizens or super senior citizens. It is expressly made clear that this matter will not be taken up for hearing before 2046.”

The case dates back to 2017, when the nonagenarian, Tarinibahen Desai, and her 57-year-old daughter filed a Rs 20 crore defamation suit against the managing committee members of the Shyam Cooperative Housing Society. The conflict reportedly began nearly a decade ago over the collection of funds for repair and maintenance. The plaintiffs alleged they were referred to as "defaulters" in the minutes of the meeting, which they claimed caused them significant mental distress and reputational damage.

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On April 20, Justice Jain suggested that the matter could be resolved if the defendants offered an “unconditional apology.” When the matter returned to court, the former committee members agreed to tender an unconditional apology. However, the 90-year-old plaintiff refused the settlement, insisting on pursuing the full legal battle.

After the refusal, the court Jain noted, “This is one of the matters where the ego fight between the parties at their fag end of their life clogs the system, which prevents the court from taking up the matters which really require more priority.” In an extraordinary move, the High Court directed that the matter be removed from the active list of senior citizen cases. For now, the 90-year-old plaintiff will have to wait until she is 110 to see her day in court again.