Final Order 1

Order Details: Notice of Motion
Pdf Text: Order on Notice of
Motion No.368 of 2019 1
MHCC010009812019
IN THE CITY CIVIL COURT FOR GR. BOMBAY AT MUMBAI
NOTICE OF MOTION NO.368 OF 2019
IN
SUIT NO. 45 OF 2019
Arvind Pratap Singh. ...Applicant/
Plaintiff.
In the matter of :-
Arvind Pratap Singh. ..Plaintiff
V/s.
HDFC Bank Ltd. ..Defendant.
Appearances :-
Adv.Pratiksha Desai h/f Adv Santosh Adukia, for plaintiff.
Defendant -Exparte
Coram : Shri.U. C. Deshmukh.
C.R. No.: 59.
Date : 08/12/2023
ORAL ORDER
This Notice of Motion is taken by the plaintiff to direct the
defendant to pay an amount of Rs.90,00,000/- to him pending the suit
and also to suspend his order terminating him from service of the
defendant.
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Order on Notice of
Motion No.368 of 2019 2
2. The defendant refused to accept the Notice of Motion,
hence, Notice of Motion is proceeded exparte against the defendant. It
is contention of the plaintiff that the Court to declare that his service
was wrongly terminated by the defendant. Therefore, he is entitled to
recover the suit amount. Hence, this Notice of Motion is taken.
3. On perusal of the plaint, it is seen that the similar relief is
sought by the plaintiff. In view of settled principle of law that if grant of
interim or temporary relief will tentamount to grant of final relief then
temporary relief shall not be granted. Thus, Notice of Motion is not
maintainable. The plaintiff has also not made out exceptional case to
grant such relief. Therefore, the Notice of Motion deserves to be
rejected. Accordingly, following order is passed :
ORDER
1. Notice of Motion No.368 of 2019 is rejected.
2. Notice of Motion No. 368 of 2019 is disposed off
accordingly.
(Dictated and Pronounced in Open Court).
(U.C.Deshmukh)
Judge,
City Civil and Sessions Court
Date.:08.12.2023 Greater Bombay (CR 59).
Declared on : 08.12.2023
Dictated on : 08.12.2023
Transcribed on : 18.12.2023
Checked on : 18.12.2023
Signed on :
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Order on Notice of
Motion No.368 of 2019 3
08.12.2023 at 06.00 -P.m. Mrs. P.R.Wagh
UPLOAD DATE AND TIME NAME OF STENOGRAPHER
Name of the Judge (with Court
Room No.)
HHJ SHRI.U.C.Deshmukh,(C.R.No.59)
Judge.,City Civil & Sessions Court,
Date of pronouncement of /Order 08.12.2023
Order signed by P.O. on 21.12.2023
order uploaded on 21.12.2023
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