Final Order 1

Order Details: Notice of Motion
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IN THE COURT OF CITY CIVIL COURT AT GR.BOMBAY
NOTICE OF MOTION NO.2485 OF 2019
CNR NO.MHCCO10068482019
IN
S.C. SUIT(ST) NO.808 OF 2019
Bennett Coleman & Co Ltd
Through Mr.R.Krishnamurthy
Having office at The Times of India Building,
Dr.D.N.Road, Mumbai400 001 ..Plaintiff
Versus
Pramod Shrivastava
Residing at: Nagla Khangar, Firozabad,
Village Gadokhar, Post Soochana
Tehsil Shikohabad, Uttar Pradesh ..Defendant
Ld. advocate Vijay Hiremath for the plaintiff
Defendant in person
CORAM: HIS HONOUR JUDGE SHRI M.SALMAN AZMI
DATE: 04/11/2019
ORAL ORDER
1. This notice of motion is tendered by the plaintiff
interalia for an order finding the defendant guilty of
disobedience and breach of injunction granted vide
order of this Court dated 23/01/2019 as per order
XXXIX Rule 2A of the Code of Civil Procedure, 1908,
an order of detention of the defendant in civil prison
for a term of three months for willful disobedience
and an order attaching the property of the defendant.
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2. Heard.
3. The defendant made a statement on 23/01/2019
that till decision of the notice of motion
no.328/2019, he will not enter the premises of
Beaumonde C29, Times Tower, Kamala Mills,
Mumbai and the Times of India Building,
Dr.D.N.Road, Mumbai400 001 and further he will
not make any disseminating statement till decision of
the notice of motion. The said undertaking was
accepted by the Predecessor of this Court. The
plaintiff submitted that defendant after the said
undertaking had made various emails since
01/02/2019. The plaintiff has reproduced the
extract of those emails in his affidavit and filed hard
copy of the same. He would submit that these e
mails are nothing but the breach of the undertaking
given by the defendant before the Court.
4. The defendant has filed reply and contended that he
is law abiding citizen. The plaintiff is trying to
mislead this Court. The defendant is Legal Advisor to
promote Senior citizens including one Pravin Sheth
and others in Supreme Court. The order dated
23/01/2019 is for certain period. There is no
deviations by the defendant of the conditions in the
order dated 23/01/2019. He, therefore prayed for
dismissal of the notice of motion.
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5. The plaintiff in his affidavit has reproduced those e
mails. The plaintiff has filed the notice of motion for
breach of the injunction. The plaintiff by way of
evidence ought to have establish that those emails
were sent by the defendant. Merely reproducing the
emails and placing hard copies may not lead to the
conclusion that those emails were sent by the
defendant. The plaintiff has not lead any evidence to
substantiate this fact. The consequences of breach of
any order under order XXXIX rule 2A of The Code of
Civil Procedure, 1908 are serious and while deciding
any Petition under it, precaution has to be taken. The
proceedings for violation of an injunction are
punitive and require strict proof in civil actions. An
order under R.2A cannot be passed on suspicion or as
a matter of course. It has to be conveniently
established by the cogent evidence that the order was
breached and therefore strict procedure is required to
be followed. In the absence of any proof, at this
juncture, it cannot be said that the plaintiff has
established that those emails were sent by the
defendant and defendant has committed breach of
the undertaking. Hence, notice of motion needs no
consideration. Accordingly, it is expedient to pass
following order:
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ORDER
1. Notice of Motion No. 2485/19 is dismissed.
2. Costs in the cause.
3. Notice of Motion is disposed of accordingly.
04/11/2019 M.SALMAN AZMI
CITY CIVIL COURT,
GR.MUMBAI.
Dictated on : 04/11/2019
Transcribed on : 14/11/2019
Signed on : 19/11/2019
'CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER”.
19/11/19 at 4.00 pm.
MRS.T.C.KAMBLE
Name of the Judge HHJ SHRI M.S.AZMI, CR NO.1
Date of Pronouncement of
judgment/order
04/11/2019
Judgment and order signed by P.O. 19/11/2019
Judgment/order uploaded on 19/11/2019
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