Interim Order 1

Order Details: Order below exhibit
Pdf Text: 1 Order on Exh.11 in Suit no.632020
MHCC010007192019
IN THE BOMBAY CITY CIVIL COURT AT BOMBAY
ORDER ON EXHIBIT NO.11
IN
SUIT NO. 63 OF 2020
CNR NO.MHCC010007192019
Bennett Coleman and Company Ltd. ..Plaintiff
Through R. Krishnamurthy
V/s
Pramod Shrivastava ...Defendant
CORAM : HIS HONOUR JUDGE
SHRI KISHORE M. JAISWAL
(COURT ROOM NO.01)
DATE : 7th DAY OF OCTOBER, 2021
Adv. Hiremath for plaintiff
Defendant in person
ORAL ORDER
This application is filed by the defendant. The plaintiff
has strongly opposed the application by filing say vide Exh. 11A.
Heard both the sides at length.
2. At the very outset of the present application, it is
pertinent to note that this application is neither supported by an
affidavit nor it is in the prescribed format as provided under
Bombay City Civil Rules' 1948. For different reliefs, different
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2 Order on Exh.11 in Suit no.632020
format is provided but the defendant has not taken out appropriate
proceedings as per said rules. Therefore on that ground itself this
application is not maintainable.
3. The first prayer is of dismissal of notice of motion no.
328/19 for that I have gone through the record. As per the record,
the notice of motion no. 4424/19 is already decided on merits by
my learned predecessor on 17/01/2020. Notice of motion no.
328/19 is preferred by the plaintiff and the defendant has already
filed reply. Unless and until both the parties are granted an
opportunity to argue said notice of motion no. 328/19, it cannot
straight away be dismissed. It is also pertinent to note that vide
order below Exh.10 passed by my learned predecessor on
17/1/2020, the defendant was specifically directed to desist from
making such application. There is nothing on record to indicate
that the defendant has deposited the costs as per order dated
29/07/2019. On that count also this application is liable to
dismissed.
4. The second prayer in the application is for dismissal of
suit. Already similar application vide Exh.10 is dismissed. The
present application is vague and the grounds which are submitted
cannot be considered for dismissal of suit being not maintainable.
The main suit is for seeking injunction against the defendant as
there was allegations that the defendant was trying to enter the
premises of the plaintiff at different locations and was also sending
defamatory emails and communication.
5. The plaintiff has annexed the order passed by learned
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Magistrate dated 07/11/2020. I am of the opinion that said
proceedings have no bearing to the present suit. The reliefs
claimed in the present suit are under Specific Reliefs Act. Thus
considering overall circumstances and for the reasons discussed
above, this application is devoid of merits and is liable to be
dismissed. Hence, I pass the following order.
ORDER
Application Exh.11 stands dismissed.
Cost in cause.
(Kishore M. Jaiswal)
Judge, City Civil & Sessions
Date:.07.10.2021 Court, Gr.Mumbai (C.R.No.01)
Dictated on : 07.10.2021
Transcribed on : 07.10.2021
Signed on : 07.10.2021
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4 Order on Exh.11 in Suit no.632020
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL SIGNED
JUDGMENT/ORDER.”
UPLOAD DATE: 08.10.2021 NAME OF STENOGRAPHER(G I)
Mrs. V. V. Mhatre
TIME:
Name of the Judge (With Court room no.) HHJ Shri Kishore M. Jaiswal.
(Court Room No.1)
Date of Pronouncement of
JUDGEMENT/ORDER
07.10.2021
JUDGMENT/ORDER signed by P.O. on 07.10.2021
JUDGEMENT/ORDER uploaded on 08.10.2021
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