Final Order 1

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IN THE COURT OF :COURT 43 ADD SESSIONS JUDGE
Case No. :NOTICE OF MOTION/0101363/2020
Mr. Vinod Vishwanathan Nayak Suit St. No. 4475/2020 Vs South Indian Welfare Society College
Date : 06-02-2021
Business : Adv. Geeta Iyer for plaintiff present. Adv. Nilima Sanglikar
with Adv. Shital Ekawade for defendant present. F. R. S. R.
the following order is passed Operative part 1.Notice of
Motion No.1423/2020 in Suit (St.)No.4475/2020 is hereby
allowed and made absolute. 2.The plaint in Suit (St.) No.
4475/2020 is hereby rejected under Order-VII Rule 11(d) of
CPC on the ground that jurisdiction of this court is
impliedly barred by the provisions of Sec.81 of the
Maharashtra Public Universities Act,2016. 3.A decree shall
be drawn up accordingly. 4.In the circumstances of the case,
there shall be no order as to costs. 5.In view of order passed
in Notice of Motion No.1423/2020 in this Suit(St.), the
Notice of Motion moved by the plaintiff i.e. N/M
No.1540/2020 does not survive and it is also disposed of
accordingly. Similarly, pending NM in the suit(stamp), if
any, are disposed of as infructious. 6.The orders regarding
interim relief passed by this court on N/M 1423/20 and
continued from time to time stands vacated. 7.Suit(St) be
registered for statistical purpose. Ld. counsel for plaintiff
submitted that plaintiff want to prefer an appeal. Therefore,
he orally prayed for staying the effect in operation of this
order till the appeal period is over and for continuation of
interim relief granted by this court and continued till today.
The ld. Counsel for defendant opposed the submissions on
the ground that such relief cannot be granted. Hence, oral
prayer may rejected. After hearing both the sides, I am of
the opinion that since this court has recorded finding that
the suit claim has impliedly bared by law and this court has
no jurisdiction, it is not possible to stay the above order and
continue the interim relief granted in favour of the plaintiff.
However, issuance of certified copy can be expediated, if
applied by the parties. It will serve the purpose. Hence,
issuance of certified copy expedited. . It is pointed out by
sheristedar that some corrections in the record on the part of
ld. Counsel for both the sides would be necessary, to
remove the discrepancy and to set CIS record right and tally
with the record of the case. In view of the above, ld.
Counsels for both the sides to carry out necessary
correction under their signature and computer department is
also directed to correct the CIS record, if found necessary.
Sheristedar is directed to provide authenticated copy of
todays Roznama to the Ld Counsels for both the sides for
information and doing the needful.
Nature of Disposal : DISMISSED
Disposal Date : 06-02-2021
COURT 43 ADD SESSIONS JUDGE
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