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NOTICE OF MOTION

Goqii Technologies Private Limited St. No. 4542/2020 +1 moreVsMr. Ashok Kumar/Mr. John Doe +6 more

CNR MHCC0100466120203-COURT 03 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--DISMISSED IN DEFAULT
Decision Date: 25th February 2022

TrustJury record updated 29 Sept 2026

Case Overview

Registration Number
101530/2020
Registration Date
26 Oct 2020

Advocates

1

For Petitioner

For Respondent

    Not available

    Parties

    9

    Acts & Sections

    1
    CODE OF CIVIL PROCEDURE · Sec 9

    Case History / Proceedings

    Case History
    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: NOTICE OF MOTION
    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: NOTICE OF MOTION
    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

    Additional Case Details

    Additional Case Details
    Filing Number: 105253/2020
    Filing Date: 26-10-2020
    First Hearing Date: 04th November 2020
    Decision Date: 25th February 2022
    Court Number And Judge: 3-COURT 03  ADDL SESSIONS JUDGE

    Orders

    1
    Final Order 1
    25 Feb 2022
    Order Details: Other
    Pdf Text: 25.02.2022
    Sr. No.7
    SU 1206/20
    CS 628/20
    Cs 593/20
    NM 1530/20
    CS 587/20
    CS 564/20
    CORAM : H.H.J. SHRI.A.H.LADDHAD (C.R. 03)
    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 nonprosecution.
    Judge
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