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A bench of Justices Hrishikesh Roy and SVN Bhatti noted the submission of senior advocate Sonia Mathur, appearing for BJP leader Rajiv Babbar, that her caveat was not mentioned in the office report and she could not file response as the petition was served late evening on Thursday.
The bench listed the matter for hearing on Monday.
Senior advocate Abhishek Singhvi, appearing for Atishi and Kejriwal, said he can argue the matter on September 30.
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The high court had said the imputations were prima facie “defamatory” with an intention of vilifying the Bharatiya Janata Party (BJP) and gaining undue political mileage.
It had dismissed the plea by Atishi, Kejriwal and two others — Aam Aadmi Party (AAP) former Rajya Sabha member Sushil Kumar Gupta and party leader Manoj Kumar — challenging the defamation proceedings pending before the trial court.