Shri. Anil Madanji JadhaoVsVidharbha Chandika +1 more

Date: 25-07-2019
Business: By precepie. date 20.07.19
Adv. K. Taloktar for plaintiff present.
Draft NM tendered by the plaintiff.
Heard ld. counsel for the plaintiff.  The ld. counsel for the plaintiff submitted that the plaintiff tried to serve the defendants via email on 18.7.2019 and 19.7.2019.  He would submit that today also the notice was given to the defendant that the matter would be listed for hearing of Notice of Motion before this court.  The hand delivery was made at the Nagpur office today at about 11.30 am.   The office at Mumbai was closed Yesterday and today also.  The office at Nagpur was also closed on Yesterday.  None present on behalf of defendants.
          The ld. counsel for the plaintiff submitted that the plaintiff is pressing for interim relief for restraining the defendants from publication defamatory publication /article   against the plaintiff.  He would submit that the plaintiff is highly qualified and is director of Vocational Educational and Training, Government of Maharashtra.  The defendant no. 1 is weekly news paper published from Nagpur and the defendant no. 2 is the editor of defendant no. 1.  He would further submit that the publications made on 17.6.2019, 24.6.2019, 1.7.2019, 8.7.2019 and 15.7.2019 are false and defamatory.  He submitted that the allegations of corruption by the plaintiff during the period 2012 to 2013 is absolutely false.  On the contrary, at the behest of the plaintiff the investigation was initiated in the alleged corruption of purchase of the machines by the department.  The allegation that the plaintiff has been suspended and the investigation by ACB is pending, is absolutely false as, as   on day the plaintiff is working is as Director incharge of the abovesaid department.  He also pointed out the order of the Maharashtra Administrative Tribunal, Nagpur in O.A no. 662/2011 holding plaintiff to be competent as Joint Director.   Therefore the publication that the plaintiff was incompetent to be appointed as Joint Director is false.
        On going through the pleadings and the documents annexed it appears that the publications are made by the defendants consistently since 17.6.2019 till 15.7.2019. Prima facie the publication at this stage appears to be made against the plaintiff.  The allegations appears to be defamatory unless the contrary is established during the further hearing.  The plaintiff is holding the post of director of Vocational Educational and Training, Maharashtra and therefore the allegation prima facie appears to malign his reputation. Even when it is pointed that the publication are contrary to the order of the Hon\''ble MAT, it is just and expedient to consider the prayer of ad-interim injunction restraining the defendants from further publication of defamatory publication.  Hence, it is expedient to pass following order.
ORDER
1.  Ex-parte ad-interim temporary injunction is granted in terms of prayer clause (a) and (b) till the appearance of the defendants.
2.   Plaintiff to comply the provisions of Order 39 Rule III of the CPC.
3.  The Sheristedar to provide authenticated copy of the order to the plaintiff.
4.   Leave is granted to register the Notice of Motion.
5.   Notice returnable on 2.8.2019.
__________________________________________________
Adjourned for affidavit of service of writ of summons and Notice of Motion to 2.8.2019.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 02-08-2019

Date: 02-08-2019
Business: Adv. Ruturaj Bankar for plaintiff present.
Adv. Munghate for defendant nos. 1 and 2 present.
Affidavit of service filed by the plaintiff. TOR.
Vakalatnama filed on behalf of defendant nos. 1 and 2.
Advocate for defendant nos. 1 and 2 seeks time to file reply to NM and written statement.
The Ld. counsel for the defendants submitted that interim protection be vacated. The counsel for the defts. have not assigned the reason for vacating the interim injunction granted to the plaintiff.  Therefore, the contention raised by the counsel for the defendants cannot be taken into consideration. Adjourned for reply to NM and written statement.
Earlier order to continue till filing reply to NM.
The Ld. counsel for defendant no. 1 and 2 waived the service of writ of summons.
Adjourned for reply to NM and filing written statement to 25.9.2019.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 25-09-2019

Date: 25-09-2019
Business: Adv. Bankar for plaintiff present.
adv. Mughate for defendant nos. 1 and 2 present.
Written statement filed on behalf of defendant nos. 1 and 2. O-R and R.
Defendant nos. 1 and 2 filed rply to NM.
The Ld. counsel for the plaintiff seeks time to file rejoinder to the reply, if any.
Earlier order to continue till next date.
Adjourned for filing of rejoinder / hearing on NM to 25.11.2019.
Next Purpose: NM FOR HEARING
Next Hearing Date: 25-11-2019

Date: 25-11-2019
Business: Adv. Bankar for plaintiff present.
Adv. S. P. Munghate for defendant present.
Plaintiff files rejoinder to the reply of the defendant to NM no. 2760/2019.
Earlier order if any, continue till next date.
Adjd to 20/01/2020 for hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 20-01-2020

Date: 20-01-2020
Business: Adv. Bankar for plaintiff present.
Adv. Munghate for defts.  present.
Ld. counsel for defts. seeks time for hearing on N/M. Granted.
Earlier order, if any, to continue till next date.
The matter is adjd for N/M hearing to 28.02.2020.
Next Purpose: NM FOR HEARING
Next Hearing Date: 28-02-2020

Date: 28-02-2020
Business: Adv. Rutiraj Bankar for pltff.
Adv. Nasim Shaikh for defendant present.
Ld. Counsel for defendant seeks time. Granted.
Earlier order continue to till next date.
Matter is adjd to 03.04.2020 for hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 03-04-2020

Date: 03-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: NM FOR HEARING
Next Hearing Date: 17-04-2020

Date: 17-04-2020
Business: As per office order no.7742020 dated 15.4.2020 and due to lock-down, matter is adjourned.
Next Purpose: NM FOR HEARING
Next Hearing Date: 06-05-2020

Date: 06-05-2020
Business: As per office order no.77/2020 dated 04.05.2020 and due to lock-down, matter is adjourned.
Next Purpose: NM FOR HEARING
Next Hearing Date: 28-05-2020

Date: 28-05-2020
Business: In view of Lockdown period pursuant to the declaration of Novel Corona Virus (Covid-19) as global pademic by WHO and as per Office Order 78 of 2020, matter adjourned
Next Purpose: NM FOR HEARING
Next Hearing Date: 15-06-2020

Date: 15-06-2020
Business: In view of declaration of Novel Corona Virus (COVID 19 as Global Pandemic by WHO and Office Orders, matter is adjourned.
Next Purpose: NM FOR HEARING
Next Hearing Date: 02-09-2020

Date: 02-09-2020
Business: In view of declaration of Novel Corona Virus (COVID 19) as Global Pandemic by WHO and Office Orders, matter is adjourned.
Next Purpose: NM FOR HEARING
Next Hearing Date: 22-10-2020

Date: 22-10-2020
Business: Both the parties and adv absent.  Due to COVID 19, the matter is adjd
Next Purpose: NM FOR HEARING
Next Hearing Date: 07-01-2021

Date: 07-01-2021
Business: None present.
The matter is adjd for hearing to 01.03.2021.
Next Purpose: NM FOR HEARING
Next Hearing Date: 01-03-2021

Date: 01-03-2021
Business: None for parties.
The matter is adjd for NM hearing to 28/04/2021.
Later on..
Adv Prachi Mistri for deft present.
Vakalatnama filed by adv Mistri for deft. It is TOR.
O- Seen and filed.
The matter is adjd for NM hearing to 28/04/2021.
Next Purpose: NM FOR HEARING
Next Hearing Date: 28-04-2021

Date: 28-04-2021
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM FOR HEARING
Next Hearing Date: 05-08-2021

Date: 05-08-2021
Business: P.O. is on leave.  Matter adjourned
Next Purpose: NM FOR HEARING
Next Hearing Date: 30-09-2021

Date: 30-09-2021
Business: None present.
Matter adjd for NM hearing on 13.01.2022.
Next Purpose: NM FOR HEARING
Next Hearing Date: 13-01-2022

Date: 13-01-2022
Business: As per Office Order No. ''07of 2022'' and ''03 of 2022'' only urgent matter is to be taken up for hearing therefore matter is adjd to
Next Purpose: NM FOR HEARING
Next Hearing Date: 29-03-2022

Date: 29-03-2022
Business: None present.
Pltff is directed to tender on record registered NM No. 2760/19 by next date.
Matter is adjd to 15/07/2022 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 15-07-2022

Date: 15-07-2022
Business: Advocate Ms. Mariaam for the Plff Present.
It appears from roznama shows that, inspite of giving directions by the Court,  original notice of motion is not filed on record by the Advocate for the plff.
 Hence, Adjournment granted as a last chance.
Matter adjd to NM Hearing on 17.09.2022.
Next Purpose: NM FOR HEARING
Next Hearing Date: 17-09-2022

Date: 17-09-2022
Business: None present for plaintiff and defendant.
Inspite of direction the plaintiff failed to tender original NM. Hence, the matter be kept for dismissal.
Matter adjd to 29.11.2022 for dismissal.
LO at 3.20 p.m.
Adv. Neha Chhajalane for plaintiff is present.
The Ld. Adv.for plaintiff has filed application for reconstruction of NM No.2760/19 t.o.r marked as Exh.6. O- Other side to say.
Matter adjd to 29.11.2022 for reply on Exh.6.
Next Purpose: REPLY
Next Hearing Date: 29-11-2022

Date: 29-11-2022
Business: P.O.is on leave.
Matter adjd to
Next Purpose: REPLY
Next Hearing Date: 24-01-2023

Date: 24-01-2023
Business: P.O. is on leave.
Matter adjd to
Next Purpose: REPLY
Next Hearing Date: 29-03-2023

Date: 29-03-2023
Business: Adv.Neha Chhajalane for plaintiff is present.
None present for defendant.
Inspite of giving opportunity defendant failed to file reply to Exh.6. Hence, the matter proceeded without reply of defendant on Exh.6.
Matter adjd to 21.06.2023 for hearing on Exh.6.
Next Purpose: HEARING
Next Hearing Date: 21-06-2023

Date: 21-06-2023
Business: P. O. is on leave. (Afternoon session)
Next Purpose: HEARING
Next Hearing Date: 21-08-2023

Date: 21-08-2023
Business: Adv. Neha Chhajalane for plaintiff is present.
Adv. Nasim Shaikh for defendant is present.
Heard the Ld. Adv for plaintiff and defendnat on Exh.6.
Order below Exh.6
The plaintiff has filed present application for reconstruction of Notice of Motion 2760/19. It is submitted that the original notice of motion is not traceable and unfortunately misplaced. Therefore permission to file reconstructed NM  will be granted. Thus considering the submissions and interest of justice the application stands allowed.
The reconstructed notice of motion along with affidavit is taken on record. TOR. Seen.
Already reply and rejoinder is on record hence matter adjourned for hearing on NM.
Matter adjd to 17.10.2023 for hearing on NM.
Next Purpose: NM FOR HEARING
Next Hearing Date: 17-10-2023

Date: 17-10-2023
Business: Advocate Ms. Neha Dadlani for plaintiff present.
Advocate Mr. Naseem Shaikh for defendant present.
By consent of both the parties, matter is adjourned for Notice of motion hearing.
Matter stands adjourned on 21.12.2023 for Notice of motion hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 21-12-2023

Date: 21-12-2023
Business: None present for plaintiff and defendant.
Matter adjd to 23.02.2024 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 23-02-2024

Date: 23-02-2024
Business: P.O. is on Training.
Next Purpose: NM FOR HEARING
Next Hearing Date: 09-05-2024

Date: 09-05-2024
Business: None present for plaintiff and defendant.
Matter adjd to 23.07.2024 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 23-07-2024

Date: 23-07-2024
Business: None present for plaintiff and defendant.
Sufficient time granted to plaintiff to work out Notice of Motion No.2760/2019. The plaintiff and his advocate both were absent on 12.12.2023, 23.02.2024 and 09.05.2024 and did not take steps to work out  notice of motion. It is seen that plaintiff is not interested to proceed with notice of motion. Hence,  notice  of motion stands dismissed for default. Notice of Motion No.2760/2019 stands disposed off.
Matter adjd to 25.09.2024 for draft issues.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 25-09-2024

Date: 25-09-2024
Business: P.O.is on leave
Next Purpose: DRAFT ISSUES
Next Hearing Date: 10-12-2024

Date: 10-12-2024
Business: None present for plaintiff and defendant.
Draft issues not filed.
Matter adjd to 28.02.2025 for framing issues.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 28-02-2025

Date: 28-02-2025
Business: None present for plaintiff and defendant.
Draft issues not filed.
Matter adjd to 07.05.2025 for framing issues.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 07-05-2025

Date: 07-05-2025
Business: None present for plaintiff and defendant.
Matter adjd to 24.07.2025 for framing issues.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 24-07-2025

Date: 24-07-2025
Business: None present for plaintiff and defendant.
There are element of settlement in this matter. Hence, matter be referred to mediation. Mediation department is directed to issue notices to both parties.
Matter adjd to 31.10.2025 for mediation report.
Next Purpose: MEDIATION REPORT
Next Hearing Date: 31-10-2025

Date: 31-10-2025
Business: P. O is on leave
Next Purpose: MEDIATION REPORT
Next Hearing Date: 12-01-2026

Date: 12-01-2026
Business: None present for plaintiff.
None present for defendant.
Mediation report received as ‘failed’. It is taken on record and marked as Exh.7 and 8.
Matter adjourned to 16.03.2026 for steps by the plaintiff.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 16-03-2026

Date: 16-03-2026
Business: P. O is on leave.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 05-05-2026

Date: 05-05-2026
Business: P. O. is on Leave
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 11-08-2026

Date: 11-08-2026
Business: PO is attending orientation training at Uttan.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 21-10-2026

Registration Number: 102125/2019
Transfer Date: 18-07-2026
From Court: 1 - COURT 01 ADDL SESSIONS JUDGE
To Court: 12 - COURT 12  ADDL SESSIONS JUDGE

Filing Number: 107896/2019
Filing Date: 17-07-2019
First Hearing Date: 25th July 2019
Court Number And Judge: 12-COURT 12  ADDL SESSIONS JUDGE