Order 1

Order Details: Notice of Motion
Pdf Text: Unregistered NM No. in Suit No.9406/2019
IN THE BOMBAY CITY CIVIL COURT AT BOMBAY
UNREGISTERED NOTICE OF MOTION NO. OF
IN
SUIT NO. 9406 OF 2019
M/s. Sovereign Tech Engineering
Services Ltd and Anr. …. Plaintiffs
Versus
Aditya S. Bhujle ….Defendant
Appearance:
Adv. Rushi Narvekar, Advocate for plaintiff.
Adv. Mannadiar, Advocate for defendants.
CORUM : SMT. S.S. NAGUR,
AD HOC JUDGE &
ASST. SESSIONS JUDGE,
(C.R.NO.13)
DATE : 07/09/2019
ORAL ORDER
1) The unregistered notice of motion is filed by plaintiff
seeking temporary injunction thereby restraining defendant from
publishing, circulating, sending/printing and or distributing any
emails, letters, circulars, or such other materials/ communication
containing false, baseless, irresponsible, derogatory and /or such
other communications which tantamount to malicious and
defamatory imputations concerning the plaintiffs, the
management and the operations of the plaintiffs company to any
person, institution, authority or forum whomsoever.
2) The plaintiff has filed the suit under section 3638 of
Specific Relief Act, 1963, seeking permanent injunction thereby
restraining defendant from the above acts as prayed in the
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Unregistered NM No. in Suit No.9406/2019
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temporary injunction for which the notice of motion is filed. The
plaintiff has shown the cause of action arose on 29.07.2019 when
he came to know about the circulation/publication of baseless,
irresponsible and derogatory remarks about the management and
the operations of plaintiff's company with chartered bank, Fort,
Mumbai.
3) The defendant to the service of notice of motion
appeared and filed affidavit in reply of the defendant to the
notice of motion.
4) Heard Adv. Narvekar for plaintiff and Heard Adv.
Mannadiar for defendant. Adv. for plaintiff argued on the point of
adinterim relief prayed in the notice of motion. I have heard
argument of both the sides on adinterim relief at length.
5) Order 39 Rule 3 of Code of Civil procedure provides
for grant of adinterim relief in case the notice is not issued to the
other side and there is possibility of injury and or damage,
danger in the disputed property of the plaintiff. On service of
notice the defendant appeared and has filed reply. Therefore
once reply is filed by the defendant it will be in the interest of
justice to hear notice of motion and pass the final order in the
notice of motion. Hence the suit is fixed on 09.09.2019 at 3.00
pm for argument of both the parties to the notice of motion by
granting leave to plaintiff to register notice of motion.
6) Adv. for defendant has relied on authority reported
in Best sellers Retail India Pvt Ltd Vs. Aditya Birla Nuvo
Limited and Ors. (2012) Supreme court cases 792. The ratio
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of the authority is in respect of settled principle of law to grant
injunction under Order 39 Rule 1 of Civil Procedure Code. The
said authority will be considered at the time of order in notice of
motion.
(S.S. Nagur)
Date : 07/09/2019 AdHoc Judge &
Asst. Sessions Judge,
City Civil Court,
Greater Mumbai.
Dictated on : 07/09/2019
Transcribed on : 07/09/2019
Signed on : 07/09/2019
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“CERTIFIED TO BE TRUE AND CORRECT, COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER”
DATE & TIME OF UPLOADING : NAME OF TYPIST
09/09/2019 & 5.50 pm : Mr. M. M. Patange
Name of the Judge (with Court no.) : HHJ Smt. S.S. Nagur
(CR no. 13)
Date of pronouncement of Judgment/ : 07.09.2019
Order
Judgment/Order signed by the P.O. on : 07.09.2019
Judgment/Order uploaded on : 09.09.2019
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