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SUIT - SHORT CAUSE CIVIL SUIT

Dainik Bhaskar Corporation LtdVsAudit Bureau of Circulatons through Mr. H. B. Masani

CNR MHCC0100234120191-COURT 01 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--WITHDRAWL
Decision Date: 24th July 2023

TrustJury record updated 19 Sept 2026

Case Overview

Registration Number
100588/2019
Registration Date
05 Mar 2019

Advocates

1

For Respondent

    Not available

    Parties

    2

    Acts & Sections

    1
    Protection of Women from Domestic Violence Act · Sec 9

    Case History / Proceedings

    Case History
    Date: 15-03-2019
    Business: Mentioned by pracipe. NOB. TOB.
    Adv. Kaustubh Patil with Adv. P.D. Gandhi for plaintiff and Adv. Zubin Dalal with Adv. H. N. Vakil, Mr. Vipul Bilve, Adv. Kunal Kirpalani I/b Mulla and Mulla for defendant are present.
          Adv. Gandhi tendered draft NM with affidavit seeking ad-interim relief to direct defendant to issue a provisional certificate for Patna so as to ensure the plaintiffs business continues unabated.  Leave to register is granted.
    Heard, Adv. Gandhi at length.
    Exh. 1 - Plaint
    Exh. 2 - Vakalatnama. O- Seen and filed.
    Exh. 3 - Address Memo. O- R and R.
    Exh. 4 - List of documents. O - Seen and filed.
    Exh. 5 - Affidavit in support of plaint.
    Exh. 6 - Vakalatnama of Adv. Zubin Dalal I/b Mulla and Mulla for defendant. O- seen and filed.
    Exh. 7 - Notes of submissions by Adv. Gandhi. O- filed.
    CTO.
    Adjd for arguments of Adv. Dalal to 16.03.2019.
    Next Purpose: ARGUMENT P.H.
    Next Hearing Date: 16-03-2019
    
    Date: 16-03-2019
    Business: Resumed.
    Adv. Kaustubh Patil for plaintiff and Adv. Zubin Dalal with Adv. H. N. Vakil, Mr. Vipul Bilve, Adv. Kunal Kirpalani I/b Mulla and Mulla for defendant are present.
    Heard, Adv. Dalal at length.
    Exh. 8 -  Notes of submission of Adv. Dalal
    Adv. Patil seeks time for reply arguments.
    Adjd for reply arguments on ad-interim to 18.03.2019.
    Next Purpose: ARGUMENT P.H.
    Next Hearing Date: 18-03-2019
    
    Date: 18-03-2019
    Business: Resumed.
    Adv. P.D. Gandhi with Adv. Pankaj Sutar, Adv. Girish Rathod, Adv. Radhika Nair for plaintiff and Adv. Dalal for defendant are present.
    Heard. Adv. Gandhi and reply arguments of Adv. Dalal at length.
    Adjd for ad-interim orders to 28.03.2019.
    Next Purpose: AD-INTERIM ORDER
    Next Hearing Date: 28-03-2019
    
    Date: 28-03-2019
    Business: Resumed.
    Adv. Pradip Gandhi along with Adv. Radhika Nair I/b Jayakar and Partners and Adv. Zubin Dalal along with Adv. Preeti Sabne for defendant i/b Mulla and Mulla Co. are present.
    Adv. Radhika Nair for plaintiff tendered registered NM No. 1241/2019.
    FRSR the following order is passed on ad-interim reliefs.
    ORDER
    1.  Ad-interim relief is rejected.
    2. Defendant is directed to file its reply to Notice of Motion on or before 15.04.2019 by supplying its copy in advance to the plaintiff.
    3.  Thereupon, the N/M will be heard finally.
    4.  Parties to bear their own costs.
    Adjd for NM reply to 15.04.2019.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 15-04-2019
    
    Date: 15-04-2019
    Business: Resumed.
    The P.O. is busy in dictating NM order in Suit no. 3142/2009.  For want of time the board is discharged.
    Adjd for NM reply to 18.07.2019.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 16-04-2019
    
    Date: 16-04-2019
    Business: Mentioned by pracipe.  NOB. TOB.
    Adv. Girish Thakur for plaintiff and Adv. Vipul Bilve I/b Mulla and Mulla for defendants are present.
    Adv. Thakur submits that as per order dtd. 28.03.2019, the defendant was directed to file reply to NM on or before 15.04.2019.  However, as the board was discharged and the matter was adjourned to 18.07.2019, the defendant did not file the reply.  The Ld. Advocate for defendant submits that it will take to file reply as the matter is bulky.  He seeks time to file reply.  Considering the rival submission and the interest of justice time to file reply is extended till 03.05.2019 and the matter is preponed for filing of reply to 03.05.2019.  He undertakes to serve the copy of reply on the advocate for plaintiff.
    Adjd for NM reply to 03.05.2019.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 03-05-2019
    
    Date: 03-05-2019
    Reason For Adjournment: court time is over
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 03-06-2019
    
    Date: 03-05-2019
    Reason For Adjournment: court time is over
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 03-06-2019
    
    Date: 03-06-2019
    Business: Adv. P. D. Gandhi for plaintiff present.
    Adv. Kunal Kriplani for defendant present.
    Reply to NM filed by defendant.  O-Read and recorded.
    Rejoinder to NM filed by the plaintiff.  O-Read and recorded.
    Written statement filed on behalf of defendant.  O-Read and recorded.
    Adjourned for NM hearing to 14.6.2019.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 14-06-2019
    
    Date: 14-06-2019
    Business: Adv. P. D. Gandhy for plaintiff present.
    Adv. Dalal for defendant present.
    Court is busy in other matters.
    By consent of the parties, adjourned for NM hearing to 26.6.2019.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 26-06-2019
    
    Date: 26-06-2019
    Business: Adv. Pradeep Gandhy with Adv. Radhika for plaintiff present.
    Adv. Bhilwe for defendant present.
    Court is busy in other matters.
    Adjourned for NM hearing to 1.7.2019.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 01-07-2019
    
    Date: 26-06-2019
    Business: Adv. Pradeep Gandhy with Adv. Radhika for plaintiff present.
    Adv. Bhilwe for defendant present.
    Court is busy in other matters.
    Adjourned for NM hearing to 1.7.2019.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 01-07-2019
    
    Date: 01-07-2019
    Business: Adv. P. D. Gandhy for plaintiff present.
    Adv. Bhilwe h/f Adv. Dalal for defendant present.
    Heard argument of Ld. advocate for plaintiff on NM.
    Adjourned for argument of defendant on NM to 4.7.2019.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 04-07-2019
    
    Date: 01-07-2019
    Reason For Adjournment: court time is over
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 04-07-2019
    
    Date: 04-07-2019
    Business: None present for plaintiff.
    Adv. Dalal for defendant present.
    Court is busy in other matters.
    Adjourned for NM hearing to 17.7.2019.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 17-07-2019
    
    Date: 04-07-2019
    Business: None present for plaintiff.
    Adv. Dalal for defendant present.
    Court is busy in other matters.
    Adjourned for NM hearing to 17.7.2019.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 17-07-2019
    
    Date: 17-07-2019
    Business: Adv. Kaustubh Patil for plaintiff present.
    Adv. Dalal for defendant present.
    Adjourned for NM hearing to 1.8.2019.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 01-08-2019
    
    Date: 17-07-2019
    Business: Adv. Kaustubh Patil for plaintiff present.
    Adv. Dalal for defendant present.
    Adjourned for NM hearing to 1.8.2019.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 01-08-2019
    
    Date: 01-08-2019
    Business: Adv. Sawant for plaintiff present.
    Adv.  Zubin Dalal and Adv. Vipul Bilve for defendant present.
    Court is busy in final hearing in SU-9650/90 and recording evidence in time bound matter.
    Adjourned for NM hearing to 28.8.2019.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 28-08-2019
    
    Date: 28-08-2019
    Business: Adv. P. D. Gandhy for plaintiff present.
    Adv. Dalal for defendant present.
    Court is busy in other matters.
    By consent of the parties, matter is adjourned for NM hearing to 3.9.2019.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 03-09-2019
    
    Date: 03-09-2019
    Business: Adv. Dalal  for plaintiff present .
    Adv. for defendant present.
    Matter adjn for NM hearing  to 27.09.19.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 27-09-2019
    
    Date: 03-09-2019
    Business: Adv. Dalal  for plaintiff present .
    Adv. for defendant present.
    Matter adjn for NM hearing  to 27.09.19.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 27-09-2019
    
    Date: 27-09-2019
    Business: Adv. Kaustubh Patil for plaintiff present.
    Adv. Zubin Dalal wth Adv. Vipul Bilve and Adv. Kunal Kirpalani for defendant present.
    Heard argument of Ld. Advocate for defendant partly.
    Adjourned for further argument of defendant to 7.10.2019.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 07-10-2019
    
    Date: 27-09-2019
    Business: Adv. Kaustubh Patil for plaintiff present.
    Adv. Zubin Dalal wth Adv. Vipul Bilve and Adv. Kunal Kirpalani for defendant present.
    Heard argument of Ld. Advocate for defendant partly.
    Adjourned for further argument of defendant to 7.10.2019.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 07-10-2019
    
    Date: 07-10-2019
    Business: Adv. Gandhy for plaintiff present.
    Adv. Dalal for defendant present.
    By consent of the parties adjourned for hearing on NM to 6.11.2019.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 06-11-2019
    
    Date: 06-11-2019
    Business: Adv. P. D. Gandhy for plaintiff present.
    Adv. Zubin Dalal with Adv. Vipul Bilve and Adv. Kunal Kirplani for defendant present.
    Notice of Motion 1241/2019 is not pressed by the plaintiff, hence filed.
    Adjourned for framing issues to 15.1.2020.
    Next Purpose: FRAMING ISSUES
    Next Hearing Date: 15-01-2020
    
    Date: 15-01-2020
    Business: None present for plaintiff present.
    Adv. Vipul Bilve I/b Mulla and Mulla for deft. present.
    The matter is adjd for Framing Issue 27.03.2020.
    Next Purpose: FRAMING ISSUES
    Next Hearing Date: 27-03-2020
    
    Date: 27-03-2020
    Business: adjourned
    Next Purpose: FRAMING ISSUES
    Next Hearing Date: 08-04-2020
    
    Date: 08-04-2020
    Next Purpose: FRAMING ISSUES
    Next Hearing Date: 30-05-2020
    
    Date: 30-05-2020
    Business: In view of Lockdown period pursuant to the declaration of Novel Corona Virus (Covid-19) as global pademic by WHO and as per Office Order 78 of 2020, matter adjourned
    Next Purpose: FRAMING ISSUES
    Next Hearing Date: 17-06-2020
    
    Date: 17-06-2020
    Business: In view of declaration of Novel Corona Virus (COVID 19) as Global Pandemic by WHO and Office Orders, matter is adjourned.
    Next Purpose: FRAMING ISSUES
    Next Hearing Date: 28-07-2020
    
    Date: 28-07-2020
    Business: In view of declaration of Novel Corona Virus (COVID 19) as Global Pandemic by WHO and Office Orders, matter is adjourned.
    Next Purpose: FRAMING ISSUES
    Next Hearing Date: 05-11-2020
    
    Date: 05-11-2020
    Business: Both the parties are absent. Due to Covid-19, the matter is adjourned to 25.01.2021.
    Next Purpose: FRAMING ISSUES
    Next Hearing Date: 25-01-2021
    
    Date: 25-01-2021
    Business: Adv. Zeeshan Sayyad for plaintiff present.
    None for deft.
    The matter is adjd for framing issues to 06.03.2021.
    Next Purpose: FRAMING ISSUES
    Next Hearing Date: 06-03-2021
    
    Date: 06-03-2021
    Business: None for plaintiff.
    Adv. Bilve for deft. present.
    The matter is adjd for framing issues to 04.05.2021.
    Next Purpose: FRAMING ISSUES
    Next Hearing Date: 04-05-2021
    
    Date: 04-05-2021
    Business: Due to Covid-19, matter is adjourned.
    Next Purpose: FRAMING ISSUES
    Next Hearing Date: 10-08-2021
    
    Date: 10-08-2021
    Business: Adv. Sayyed for plaintiff is present.
    None for defendant.
    Heard.
    Issued are framed at Exh.10.
    Matter adjd for R/E on 08.11.2021.
    Next Purpose: RECORDING EVIDENCE
    Next Hearing Date: 08-11-2021
    
    Date: 08-11-2021
    Business: Adv. Anand Lalwani for plaintiff is present.
    Adv. Vipul Bilve for defendant is present.
    On oral request of Adv.for plaintiff matter adjourned for evidence.
    Matter adjd for evidence on 14.02.2022.
    Next Purpose: RECORDING EVIDENCE
    Next Hearing Date: 14-02-2022
    
    Date: 14-02-2022
    Business: None for pltff.
    Adv. Vipul Bilve for deft present.
    Last chance is granted for evidence.
    Matter is adjd to 09/06/2022 for RE.
    Next Purpose: RECORDING EVIDENCE
    Next Hearing Date: 09-06-2022
    
    Date: 09-06-2022
    Business: Advocate Sayeed  for plaintiff present.
    Advocate Vipul Bilve for defendant present.
    Advocate for plaintiff asked for adjournment on last date 14.02.222 court has already given last chance to put on evidence.
    oral request of hearing of advocate, court is rejected the oral request.
    Advocate for defendant filed application Marked as Exh. 11
    Matter stands Adj for  R.E. to  11.08.2022
    Next Purpose: RECORDING EVIDENCE
    Next Hearing Date: 11-08-2022
    
    Date: 11-08-2022
    Business: Adv. Pooja Yadav for plaintiff is present.
    Adv. Kunal Kruplani for defendant is present.
    The ld. Adv.for plaintiff has filed an application for adjournment t.o.r marked as Exh.12. O- Allowed.
    On oral request of Adv.for plaintiff matter adjourned for evidence.
    Matter adjd to 03.11.2022 for evidence.
    Next Purpose: RECORDING EVIDENCE
    Next Hearing Date: 03-11-2022
    
    Date: 03-11-2022
    Business: Adv. Mihir Kakade for plaintiff is present.
    None for defendant.
    On oral request of Adv. for plaintiff, matter is adjourned for evidence of the plaintiff.
    Matter adjd to 19/12/2022 for evidence of plaintiff.
    Next Purpose: RECORDING EVIDENCE
    Next Hearing Date: 19-12-2022
    
    Date: 19-12-2022
    Business: P.O.is on leave.
    Matter adjd to
    Next Purpose: RECORDING EVIDENCE
    Next Hearing Date: 21-02-2023
    
    Date: 21-02-2023
    Business: P.O. is on leave. Matter adjd to
    Next Purpose: RECORDING EVIDENCE
    Next Hearing Date: 13-04-2023
    
    Date: 13-04-2023
    Business: P.O. is on leave hence matter adjd.to
    Next Purpose: RECORDING EVIDENCE
    Next Hearing Date: 20-06-2023
    
    Date: 20-06-2023
    Business: P. O. is on leave( Morning Session ). Matter adjd to
    Next Purpose: RECORDING EVIDENCE
    Next Hearing Date: 30-06-2023
    
    Date: 30-06-2023
    Business: P.O. is on leave. Matter is adjourned to
    Next Purpose: RECORDING EVIDENCE
    Next Hearing Date: 24-07-2023
    
    Date: 24-07-2023
    Business: Adv. Pooja Yadav i/b Jayakar and partners for plaintiff present.
    Adv. Kunal Kriplani i/b Mulla and Mulla Co. for defendant present.
    Representative of plaintiff present.
    Adv. for plaintiff filed application for withdrawal of suit. T.O.R marked as Exh.13 O-Other side to say. Adv. for defendant filed reply on application overleaf.
    Heard both sides.
    ORDER BELOW Exh.13
    It is submitted on behalf of the plaintiff that the dispute between plaintiff and defendant have work itself out as defendant has continued to issue certificate for circulation for the plaintiffs Patna Edition. Therefore, the plaintiff do not want to proceed with the matter. The Ld. Adv. for defendant submits that the defendant has no objection for withdrawal, however, there is no settlement had taken place in between the plaintiff and defendant.
    Representative of plaintiff present. Upon personal verification, he stated that the plaintiff do not want to proceed with the matter hence it is to be withdrawn.
    Thus, in the view of these submissions and Exh.13, the suits stands disposed of as withdrawn unconditionally.
    Nature Of Disposal: WITHDRAWL
    Disposal Date: 24-07-2023

    Additional Case Details

    Additional Case Details
    Filing Number: 102497/2019
    Filing Date: 27-02-2019
    First Hearing Date: 15th March 2019
    Decision Date: 24th July 2023
    Court Number And Judge: 1-COURT 01 ADDL SESSIONS JUDGE

    Orders

    3
    Final Order 2
    24 Jul 2023
    Order Details: Other
    Pdf Text: Noting Page-11
    24.07.2023
    SU 588/19
    Exh-13
    CORAM : HIS HONOUR JUDGE SHRI V.D.KEDAR (C.R.NO.1)
    Adv. Pooja Yadav i/b Jayakar and partners for plaintiff present.
    Adv. Kunal Kriplani i/b Mulla and Mulla Co. for defendant
    present.
    Representative of plaintiff present.
    Adv. for plaintiff filed application for withdrawal of suit. T.O.R
    marked as Exh.13 O- Other side to say. Adv. for defendant filed
    reply on application overleaf.
    Heard both sides.
    ORDER BELOW Exh.13
    It is submitted on behalf of the plaintiff that the dispute between
    plaintiff and defendant have work itself out as defendant has
    continued to issue certificate for circulation for the plaintiff’s
    Patna Edition. Therefore, the plaintiff do not want to proceed
    with the matter. The Ld. Adv. for defendant submits that the
    defendant has no objection for withdrawal, however, there is no
    settlement had taken place in between the plaintiff and
    defendant.
    Representative of plaintiff present. Upon personal verification, he
    stated that the plaintiff do not want to proceed with the matter
    hence it is to be withdrawn.
    Thus, in the view of these submissions and Exh.13, the suits
    stands disposed of as withdrawn unconditionally.
    Judge
    -- 1 of 1 --
    Interim Order 1Full order available
    28 Mar 2019

    Order Details: Other Pdf Text: 1 Ad-interim NM 1241-19 in SU 588-19 IN THE CITY CIVIL COURT FOR GREATER BOMBAY AT MUMBAI. ORDER ON ADINTERIM RELIEFS ON NOTICE OF MOTION NO.1241 OF 2019 IN SUIT No. 588 OF 2019 Dainik Bhaskar Corporation Limited ]... Plaintiff Versus Audit Bureau of Circulations ]... Defendant Coram : Dr. M. S. Deshpande, Judge (Court Room no. 01) Date : 28th March, 2019. Mr. P. D. Gandhi i/b M/s Jayakar & Partners, advocates for plaintiff.…

    Read Full Order
    Order 1Full order available
    28 Mar 2019

    Order Details: Other Pdf Text: 1 Ad-interim NM 1241-19 in SU 588-19 IN THE CITY CIVIL COURT FOR GREATER BOMBAY AT MUMBAI. ORDER ON ADINTERIM RELIEFS ON NOTICE OF MOTION NO.1241 OF 2019 IN SUIT No. 588 OF 2019 Dainik Bhaskar Corporation Limited ]... Plaintiff Versus Audit Bureau of Circulations ]... Defendant Coram : Dr. M. S. Deshpande, Judge (Court Room no. 01) Date : 28th March, 2019. Mr. P. D. Gandhi i/b M/s Jayakar & Partners, advocates for plaintiff.…

    Read Full Order

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