Order 2

Order Details: Notice of Motion
Pdf Text: Unregistered NM in Suit No.9140619
IN THE BOMBAY CITY CIVIL COURT AT BOMBAY
UNREGISTERED NOTICE OF MOTION
IN
SUIT NO.91406 OF 2019
Aditya S. Bhujle …. Applicant/Defendant
IN THE MATTER OF:
M/s. Sovereign Tech Engineering
Services Pvt. Ltd. & Another ….Plaintiffs
Versus
Aditya S. Bhujle ….Defendants
Appearance:
Shri. Narvekar, Advocate for plaintiff.
Shri. Mannadiar, Advocate for defendant.
CORUM : SMT. S.S. NAGUR,
AD HOC JUDGE &
ASST. SESSIONS JUDGE,
(C.R.NO.13)
DATE : 22/10/2019
ORAL ORDER
1) The Notice of Motion is filed by the defendant to
strike out the affidavit of plaintiff in rejoinder dated 09/09/2019
under provisions of Order 6 Rule 16 of Code of Civil Procedure as
being unnecessary, scandalous, frivolous and vexatious.
2) The Notice of Motion is supported by affidavit of
Aditya S. Bhujle. He on oath stated that the plaintiff has filed
affidavit in rejoinder that contains irrelevant, immaterial,
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Unregistered NM 2 in Suit No.9140619
unnecessary, scandalous, frivolous and vaxatious. The suit is filed
for defamation of the first plaintiff of which he is father. Second
plaintiff is the Managing Director.
3) In para 3 the defendant has stated the irrelevant and
scandalous contents in the rejoinder affidavit. Hence, prayed to
allow the Notice of Motion.
4) Advocate for plaintiff filed reply to the Notice of
Motion stating that Notice of Motion is not maintainable owing to
Order 6 Rule 1 of Code of Civil Procedure. Even on merits
nothing stated in the rejoinder is unnecessary or scandalous or
alleged. Hence, prayed to dismiss the Notice of Motion.
5) Heard Advocate Shri. Narvekar for plaintiff and
Advocate Shri. Mannadiar for defendant. Perused contents of the
Notice of Motion and reply supported by the affidavit of
defendants. I have also gone through the proceedings.
6) Advocate for defendant Shri. Mannadiar has drawn
my attention to the affidavit in rejoinder of plaintiff. In that para
No.8, 10, 15 stating scandalous and irrelevant contents. Advocate
for defendant has tried to explain above paras to show how those
contents are irrelevant not concerned with the unnecessary and
immaterial.
7) On the other hand, Shri. Narvekar for plaintiff
argued that as per the Order 6 Rule 1, pleading as defined as
plaint and written statement. It is the rejoinder affidavit to reply
of defendant in Notice of Motion filed by the plaintiff seeking
temporary injunction as to clarify the facts. There is no
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Unregistered NM 3 in Suit No.9140619
scandalous words or statements by the plaintiff. It is only the
clarification of the para stating by the defendant in affidavit in
reply to the Notice of Motion. Hence, prayed to dismiss the
Notice of Motion.
8) As per Order 6 Rule 16 of Code of Civil Procedure
provides for striking out pleadings which are unnecessary
scandalous, frivolous or vexatious. The said statement made
delay the fair trial of the suit. Order 6 Rule 1 provides that
pleading shall mean plaint or written statement. The affidavit is
defined under Section 3(3) of General Clause Act 1897 that
“affidavit” shall include affirmation and declaration in the case of
persons by law allowed to affirm or declare.
9) The Notice of Motion filed by the parties is always
supported by the affidavit. In case of reply filed to it. The
rejoinder affidavit is filed to object the contents of affidavit in
reply. I have gone through the contents of affidavit rejoinder in
reply and rejoinder affidavit and the plaintiff on oath. The suit is
filed for temporary injunction restraining the defendant from
making statements against the plaintiff. The allegations are in
respect of the defamatory statements of the defendants being
defamatory as to the representative of plaintiff No.1. Considering
the allegations by the parties against each other the discretionary
power to strike out the pleading is not tenable. Hence, pass
following order:
ORDER
1. The Notice of Motion is dismissed.
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Unregistered NM 4 in Suit No.9140619
2. Accordingly, the Notice of Motion is
disposed of.
3. Notice of Motion be registered for
statistical purposes.
(S.S. Nagur)
Date : 22/10/2019 AdHoc Judge &
Asst. Sessions Judge,
City Civil Court,
Greater Mumbai.
Dictated on : 22/10/2019
Transcribed on : 02/11/2019
Signed on : 02/11/2019
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Unregistered NM 5 in Suit No.9140619
“CERTIFIED TO BE TRUE AND CORRECT, COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER”
DATE & TIME OF UPLOADING : NAME OF STENOGRAPHER
15.11.2019 & 4.16 p.m. : Mrs. S.A. Shekade (Grade I)
Name of the Judge (with Court no.) : HHJ Smt. S.S. Nagur
(CR no. 13)
Date of pronouncement of Judgment/ : 22.10.2019
Order
Judgment/Order signed by the P.O. on : 02.11.2019
Judgment/Order uploaded on : 15.11.2019
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