Goqii Technologies Private Limited Suit St. No. 4542/2020VsAshok Kumar/John Doe And Ors.

Date: 16-10-2020
Business: Mr. Pradeep Ghandhy with Adv. Vyas with Adv. Yashvi Panchal with Adv. Pratik Jhaveri I/b Vertices Partners present and filed original CS no. 564/20 supported by affidavit. He also filed two rejoinders to reply filed by defendant no. 6 and defendant no. 7 respectively to the draft NM of plaintiff. He seeks leave to register the draft NM filed earlier by plaintiff. Leave granted to register draft NM.
Ld. counsel for plaintiff also filed affidavit in reply to the CS filed by defendant no. 6 along with documents and he also filed affidavit in  reply to the interim application filed by defendant no. 7.
Adv. Gandhi on behalf of plaintiff has submitted that defendant no. 7 has filed an application as an interim application, but has prayed for the relief of deletion of defendant no. 7, which can be granted only in the CS. He has no objection, if interim application is treated as CS, so as to comply with the procedure.
Adv. Adv. Shekhar Bhagat h/f Alankar Kirpekar with I/b Mag Legal for defendant  no. 3 and 8 present. He filed VP on behalf of proposed defendant no. 8 and also filed affidavit in reply on behalf of defendant no. 03 to CS no. 564/20. He also filed reply to draft NM filed by plaintiff on behalf of defendant no. 3 and 8. He also seeks time to file reply to CS no. 564/20 on behalf of defendant no. 8. Time granted with a direction to serve the copy in advance to the Ld. counsel for plaintiff.
Adv. Keswani I/b Economic Laws Practice for defendant no. 5 and proposed defendant no. 9 present. He filed two VP on behalf of defendant no. 5 and proposed defendant no. 9. He also filed affidavit in reply to CS no. 564/20. He also filed draft CS on behalf of defendant no. 5 supported by affidavit for deletion of name Youtube India now sought to be described as Youtube LLC. Leave granted to register draft CS.
Adv. Charushila More I/b Dholakia Law Associates for defendant no. 6(Google India) present. She filed affidavit of reply to CS no. 564/20 and also filed VP on behalf of proposed defendant no. 10 and affidavit in reply on behalf of defendant no. 10 to the CS no. 564/20.
Adv. Chitra Rentala I/b Trilegal for defendant no. 7 present and submitted that she is ready to make necessary compliance, if her interim application is treated as a CS.  She filed affidavit of reply  to CS no. 564/20.
In view of the submissions made by the both the parties, Interim application filed by defendant no. 7 is treated as CS by consent of parties. Leave granted to defendant no. 7 to register the same as CS.
Earlier interim order dated 17.09.2020 to continue till next date.
Ld. counsel for plaintiff submitted that he is ready to remove office objections, if any, once plaint is scrutinised by the office. Hence, direction  may be given to the office to complete the scrutiny and register the suit.
In view of the above, office is directed to scrutinise the plaint immediately and register the suit after removal of office objection, if any.
After hearing Ld. counsel for parties, as the pleadings are complete in most of the CS and pleadings will be completed in the NM by next date, by consent, matter stands Adj for hearing all CS and NM to 04.11.2020.
Next Purpose: HEARING
Next Hearing Date: 04-11-2020

Date: 04-11-2020
Business: Adv. Pratik Jhaveri I/b Vertices Partners for plaintiff present and submitted Email copy of the letters received from the counsel for the Deft. No. 3 and 8 informing the court that Adv. Alankar Kirpekar and his Junior Adv. Shekar Bhagat who are representing these defendants are suffering from Covid-19 infection (Tested positive) and advised to remain in isolation and unable to attend the court and prayed for adjournment. He has also produced copy of testing report of Adv. Alankar Kirpekar.
Adv. Pratik Jhaveri for the plaintiff filed 6 rejoinder to the reply filed by Deft. Nos. 3, 6, 7, 8, 9 and proposed Deft. No. 10 in the CHS. No. 564/20. He also filed rejoinder to the reply filed by Deft. No. 3 and 8 in the NM No. 1530/20. He also filed reply to the draft CHS filed by Deft. No. 5. Copy served on the other side. TOR.
Adv. Dinesh Pednekar, C. Keswani I/b  for Deft. No. 5, proposed Deft. No. 9 present and seeks extension of time to file Sir-rejoinder to the CHS. No. 564/20 and rejoinder to Draft CHS filed by Deft. No. 5 and reply to the Notice of Motion filed by the plaintiff on behalf of proposed Deft. No. 9, once the proposed defendant is added by order of the court. Time extended as prayed. Leave granted to Deft. No. 5 register draft CHS.
Adv. Padmaja Dholakia a/w Adv. Charushila More I/b  Dholakia Law Associates for Deft. No. 6 (Google India) present and submitted notarized copy of CHS No. 593/20 supported by an affidavit of Deepak Kumar Singh. TOR. She also filed notarized copy of affidavit in reply on behalf of Deft No. 6 to NM No. 1530/20 alongwith documents. TOR. She also filed notarized copy of affidavit of Deft. No. 6 alongwith documents in reply to the CHS No. 564/20 filed by the plaintiff. Original CHS. No. 593/20 not tendered.
Ld. counsel for the Deft. No. 6 seeks permission to file Sir-rejoinder to the CHS. No. 564/20 and rejoinder to CHS. No. 593/20. Leave granted.
Adv. Chitra Rentala, I/b Trilegal for Deft. No. 7 (Linkedin Technology) and proposed Deft. No. 10 (Linkedin Corporation) present and filed VP on behalf of proposed Deft. No. 10 and notarized copy of affidavit in reply to the CHS No. 564/20. TOR.
The Ld. counsel for Deft. No. 7 and proposed deft. No. 10 sought permission to file rejoinder to the reply filed by the plaintiff to the interim application treated as CHS. Ld. counsel for the plaintiff opposed oral request on the ground that on the last date, leave ought to have been taken. After hearing both the sides, leave granted to Deft. No. 7 to submit the rejoinder to the reply filed by the plaintiff positively on the next date by serving copy in advance to the plaintiff.
Earlier order dated 17.09.2020 to continue till next date.
Matter stands Adj for hearing to 04.12.2020
Next Purpose: HEARING
Next Hearing Date: 04-12-2020

Date: 04-12-2020
Business: Adv. Mr. Pratik Jhaveri I/b Vertices Partners for plaintiff /applicant present.
Adv. Alankar Kirpekar a/w Adv. Shekar I/b MAE Legal for Deft No. 3 and proposed Deft. No. 3 and proposed deft. No. 8.
Adv. Naresh Thacker, Adv. D. Pednekar and Adv. C. Keshwani for Deft. No. 5 and proposed Deft. No. 9 present and filed affidavit in rejoinder in CHS No. 628/20 and filed original CHS 628/20  on behalf of Deft. No. 9 alongwith affidavit and  filed affidavit in Sir-rejoinder in CHS No. 564/20 on behalf of deft. No. 9
Adv. Rishikesh Soni a/w Adv. Padmaja Dholakia and Charushila More I/b  Dholakia Law Associates for Deft. No. 6 present and filed affidavit in rejoinder in CHS No. 593/20.
Chitra Rentala I/b Trilegal for Deft. No. 7 and proposed Deft. No. 10 present and filed scan copy of affidavit in rejoinder in CHS No. 587/20, copy served on the other side in advance, she undertakes to file original notarized copy before the court on the next date
Heard Ld. counsel for both sides, it is submitted that the pleadings in pending CHS are complete and the said CHS can be heard on the next date.
Ld. Counsel, Adv. Alankar Kirpekar for deft. No. 3 as well as other counsels for the defendants submitted that, in the meanwhile the plaintiff may be directed to take steps to bring before the court the person who is actually responsible for uploading the alleged defamatory posts on the social media. It was pointed out that as per Exh. A, page 22 of the document filed with the plaint Adv. Mr. Vibhor Anand is the person who had uploaded the objectionable posts. Ld. counsel for the plaintiff seeks time to take instructions in this regard for making him party defendant in the suit.
In view of the above submissions the counsel for the plaintiff is directed to get instructions regarding bringing before the court the person/s responsible for uploading the alleged defamatory posts on social media by making them party defendant in the suit, so that directions can be given by the court to such person/s for taking down the objectionable posts.
Earlier order to continue till next date.
By consent of parties, matter stands Adj for taking steps by the plaintiff and further hearing on pending CHS to 11.01.2021
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 11-01-2021

Date: 11-01-2021
Business: Advocate  Pratik Zaveri i/b Vertices Partnes for plaintiff present.
Advocate Shekhar i/b MAG Legal  for defendant no.3 and 8 present.
Advocate Swapnil Gupte I/b Economic Laws Practice for defendant no.5 present.
Advocate Ms.Charushila More i/b Dholakia Law Associates for defendant no. 6 present.
Advocate Ms. Chitra Rentala  i/b Trilegal for defendant no.7 present and submitted  summons is not served on defendant no.7.
Advocate for Plaintiff admits that summons is not yet served on defendant no.7.
Adv. Ms.Chitra Rentala for defendant no.7 waives service and filed written statement. TOR and marked as Exh.2.
Earlier order is to be continued till next date.
By consent, the case is adjourned to 29.01.2021 for hearing on Ch/s.
Next Purpose: HEARING
Next Hearing Date: 29-01-2021

Date: 29-01-2021
Business: Advocate Pratik Zaveri i/b Vertices Partnes for plaintiff present. None for defendant no. 3 and 8. Advocate Swapnil Gupte I/b Economic Laws Practice for defendant no.5 present. Advocate Rushikesh Sohoni for defendant no. 6 present. Advocate Ms. Chitra Rentala i/b Trilegal for defendant no.7 present. Earlier order is to be continued till next date. The case is adjourned to 08.03.2021 for Ch/s hearing. LO at 12.15pm, Advocate Pratik Zaveri i/b Vertices Partnes for plaintiff present and tendered draft chamber summons along with affidavit in support. T.O.R. Leave is granted to register Chamber Summons. R/o 08.03.2021. He undertakes to serve Ch/s on other side. Already the case is adjourned to 08.03.2021 for Ch/s hearing.
Next Purpose: HEARING
Next Hearing Date: 08-03-2021

Date: 08-03-2021
Business: Advocate Devdatta Uchil i/b Vertices Partners for plaintiff present.
Advocate Alankar Kirpekar a/w advocate Shekhar Bhagat I/b MAG Legal for defendants no. 3 and 8 present.
Advocate C.Keswani I/b ELP for defendant no. 5 and 9 present.
Advocate Rishikesh Soni a/w advocate Ms.Charushila More i/b Dholakia Law Associates for defendant no. 6 present.
Advocate Chitra Rentala i/b Trilegal for defendant no. 7 and proposed defendant no. 10 present.
Earlier order is to be continued till next date.
By consent,the case is adjourned to 16.04.2021 for Ch/s hearing.
LO at 1.30pm
Advocate Mishra h/f adv. Jayswal for defendant no. 12 present and filed vakalatnama. TOR and marked as Exh.3
O- Filed.
Already the case is adjourned to 16.04.2021 for Ch/s hearing.
Next Purpose: C/S  HEARING
Next Hearing Date: 16-04-2021

Date: 16-04-2021
Business: Declared holiday as per Office Order 81 of 2021
Next Purpose: C/S  HEARING
Next Hearing Date: 07-07-2021

Date: 07-07-2021
Business: Court is vacant
Next Purpose: C/S  HEARING
Next Hearing Date: 23-09-2021

Date: 23-09-2021
Business: Matter mentioned at 4.21 p.m.
None present for plaintiff.
Adv. Hrishikesh Shukla Reg. No. MAH/9261/2019 I/b Economic Law Practice for Deft. No.5 present.
Adv. Charushila More Reg. No. MAH/5882/2012 I/b Dholakia Law Associates for Deft. No.6 present
Adv. Chitra Rentala Reg. No. 555/2011 I/b Trilegal for Deft. No.7 present
Adv. J.P. Jaiswal for Deft. No. 12 present.
Matter stands adjourned to 28.10.2021 for CS hearing.
Next Purpose: C/S  HEARING
Next Hearing Date: 28-10-2021

Date: 28-10-2021
Business: Matter called out at
Adv. C. Keswani for Deft. No.5 present.
Adv. Charushila More I/b Dholakia Law Associates for Deft. No.6 present.
Adv. Ritika Ajitsaria I/b Trilegal for Deft. No.7 and proposed Deft. No.10 present.
Court is busy in taking evidence in SU No.7753/00.
Matter stands adjourned to 20.12.2021 for CS hearing.
Later on at 5.15 p.m.
Adv. Rajas V. Panandikar for Deft. No.3 present.
Already adjourned to 20.12.2021.
Next Purpose: C/S  HEARING
Next Hearing Date: 20-12-2021

Date: 20-12-2021
Business: Matter called out at 04.21 pm.
None for plaintiff present.
Adv. Rajas Panandikar ib adv. Alankar Kirpekar for Defendant no. 03 present.
Adv. Shailesh Poria @ Adv. Akash Manvwani Ib Economic Laws Practice for defenant no. 05 present.
Adv. Chandrashila More Ib Dholkia Law Assoicates for deff.no. 06 present.
Adv. Chitra @ Ms. Pranay kumbhar ib. defendant no. 07 present.
Put up for dismissal.
Matter stands adjourned to 25/02/2022 for dismissal.
Next Purpose: DISMISSAL
Next Hearing Date: 25-02-2022

Date: 25-02-2022
Business: Matter called out at 3.34 p.m.
Adv. Rajas Panandikar I/b Adv. Alankar Kirpekar for Deft. No.3 and 8 present.
Adv. Shailesh Poria a/w Adv. Chanakya Keswani and Adv. Akash Manwani I/b Economic Laws Practice for Deft. No.5 present.
Adv. Padmaja Dholakia a/w Adv. Charushila More I/b Dholakia Law Associates for Deft. No.6 present.
Adv. Chitra Rentala a/w Adv. Pranay Kamdar I/b Trilegal for Deft. No.7 present.
Since long, nobody is appearing for the plaintiff, hence, Suit as well as NM and CS are dismissed for non-prosecution.
Nature Of Disposal: DISMISSED IN DEFAULT
Disposal Date: 25-02-2022

Main Case No: //
Main Cnr: MHCC010040812020
Main Filing No: -

Filing Number: 104931/2020
Filing Date: 12-10-2020
First Hearing Date: 16th October 2020
Decision Date: 25th February 2022
Court Number And Judge: 3-COURT 03  ADDL SESSIONS JUDGE