M/s. Limelite Studio Through Mr. Lokendra Jitendra SinghVsMCGM +1 more

Date: 17-06-2019
Business: By praecipe
Advocate Thorat a/w adv. Shailesh Shukla for plaintiff present and filed draft notice of motion along with affidavit in support. T.O.R.
Advocate Mr. Giri  for defendant /MCGM present.
Heard advocate for plaintiff and defendant.
Perused the record. The proceedings indicate that the plaintiff was granted license and permit for shooting and processing of cinematograph. It is also undisputed fact that said license and permit is cancelled by defendant Corporation in the year 2013.  Admittedly said order of cancellation and revocation is subject matter of an appeal before the Court of Small Causes. In such circumstances, the notices dated 15.05.2019 and 30.05.2019 do not give rise to fresh cause of action to institute the suit. Moreover when admittedly no injunction is granted by the Court in the appeal and when the above notices are merely the consequence of cancellation and revocation of license in the year 2013.
Advocate for plaintiff relied upon Judgment dated 22.07.2014 of Hon\\\''ble Bombay High Court in A.O. No. 728/14 and submitted that matter can be remanded to defendant for fresh consideration.
In this case, defendant has not made a statement to consider the matter afresh as was the case before Hon\\\''ble High Court. On the contrary, it is opposing the motion. Hence, the authority cited supra will not help the plaintiff.
No case of grant of ad-interim relief is made out. Hence the order -
                                       ORDER
1. The ad-interim relief as sought is refused.
2. Leave is granted to register NM.
3. NM is made returnable on 20.08.2019
4. Plaintiff to serve Writ of summons to defendant.
The case is adjourned to 20.08.2019 for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 09-07-2019

Date: 09-07-2019
Business: By praecipe
Plaintiff absent.
Advocate Shailesh Shukla for plaintiff present and file application Exh. 2
Advocate Ms.Mhatre for defendant/MCGM present.
The case is adjourned to 10.07.2019 for withdrawal.
Next Purpose: WITHDRAWAL
Next Hearing Date: 10-07-2019

Date: 10-07-2019
Business: Representative of Plaintiff -Sanjay Shankar Dervankar present.
Advocate Shailesh Shukla for plaintiff present and
filed original Notice of Motion No.2248/19 along with affidavit in support of Notice of Motion. T.O.R.
He also filed resolution dated 06.06.2019  authorising the representative of plaintiff to appear on behalf of plaintiff. TOR and marked as Exh. 3.
Advocate Ms. Chavan for defendant /MCGM present.
The representative of plaintiff states that the suit is to be withdrawn. Hence the order -
                             ORDER
1. Application Exh.2 is allowed.
2. Suit is dismissed for want of prosecution as withdrawn.
3. The NM no. 2248/19 stands disposed off.
4. No order as to costs.
Nature Of Disposal: WITHDRAWL
Disposal Date: 10-07-2019

NOTICE OF MOTION/102248/2019

Filing Number: 106216/2019
Filing Date: 11-06-2019
First Hearing Date: 17th June 2019
Decision Date: 10th July 2019
Court Number And Judge: 11-COURT 02 ADDL SESSIONS JUDGE