Full Order Text
Order 1 · 07 Oct 2021 · CNR MHCC010007192019
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 -- 1 of 4 -- 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 -- 2 of 4 -- 3 Order on Exh.11 in Suit no.632020 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 -- 3 of 4 -- 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 -- 4 of 4 --