Conde Nast (India) Pvt. Ltd.VsNexus Audience Network Pvt. Ltd.

Date: 29-01-2020
Business: Adv. Kapadia  for plaintiff present.
Adv.     for defendant present.
Exh. 1 Plaint
Exh. 2 Vakalatnama of adv. of plaintiff.
Exh. 3 Address memorandum.
Exh. 4 List of documents.
Issue writ of summons to the defendant for answering the claim and settlement of issues.
On oral request of Ld. Adv. for plaintiff adjournment granted.
Adjd to 05-03-2020   for Service .
Next Purpose: SERVICE
Next Hearing Date: 05-03-2020

Date: 05-03-2020
Business: Adv. Kapadia  for plaintiff present and tendered affidavit of service.t.o.r. Its marked at Exh.5
Time extended till next date for service of writ of summons.
Adjd to 23-03-2020  for  steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 23-03-2020

Date: 23-03-2020
Reason For Adjournment: National Lock Down
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 01-04-2020

Date: 01-04-2020
Business: As per circular issued by Hon''ble High Court. In view of COVID-19 as globel pandemic by world health organization.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 16-04-2020

Date: 16-04-2020
Business: As per circular issued by Hon''ble High Court. In view of COVID-19 as globel pandemic by world health organization.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 05-05-2020

Date: 05-05-2020
Business: As per circular issued by Hon''ble High Court. In view of COVID-19 as globel pandemic by world health organization.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 27-05-2020

Date: 27-05-2020
Reason For Adjournment: National Lock Down
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 12-06-2020

Date: 12-06-2020
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 03-07-2020

Date: 03-07-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 28-07-2020

Date: 28-07-2020
Reason For Adjournment: court time is over
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 03-09-2020

Date: 03-09-2020
Reason For Adjournment: National Lock Down
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 17-09-2020

Date: 17-09-2020
Reason For Adjournment: National Lock Down
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 05-10-2020

Date: 05-10-2020
Business: Parties and their  respective advocates are absent.
Upon the directions issued by the Hon\''ble High Court, Bombay,  vide circular dated 19/9/2020 and office order no.136 of 2020 dtd.30.9.2020 of this Court.
Matter adjd to 23/10/2020 for taking steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 23-10-2020

Date: 23-10-2020
Business: Parties and their  respective advocates are absent.
Upon the directions issued by The Hon\''ble High Court,Bombay, vide Circular dated 19.9.2020 and office order no.143/2020 dtd.09/10/2020 of this Court.
Matter adjd to 07.11.2020 for taking steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 07-11-2020

Date: 07-11-2020
Business: Parties and their  respective advocates are absent.
Upon the directions issued by The Hon\''ble High Court,Bombay, vide Circular dated 19.9.2020 and office order no.154/2020 dtd.31/10/2020 of this Court.
Matter adjd to  27/11/2020 for taking steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 27-11-2020

Date: 27-11-2020
Business: Parties and their  respective advocates are absent.
Upon the directions issued by The Hon\''ble High Court,Bombay, vide Circular dated 19.9.2020 and office order no.154/2020 dtd.31/10/2020 of this Court.
Matter adjd to 8/12/2020 for taking steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 08-12-2020

Date: 08-12-2020
Business: Adv.Shailesh Prajapati  for plaintiff present
Adv. for plaintiff fail to take steps for 29.03.2020 ( Before Lockdown).
Matter adjd to 06.01.2021 for Order.
Next Purpose: ORDER
Next Hearing Date: 06-01-2021

Date: 06-01-2021
Business: Adv.Mr.Deeshank Doshi for plaintiff present.
None present for defendant.
Matter adjd to 08.01.2021 for Argument.
Next Purpose: ARGUMENTS
Next Hearing Date: 08-01-2021

Date: 08-01-2021
Business: Adv.Mr.Deeshank Doshi for plaintiff present.
None present for defendant.
Draft chamber summons be registered. Issues summons as prayed in the chamber summons.
Matter adjd to 11.01.2021 for Hearing on chamber summons.
Next Purpose: HEARING
Next Hearing Date: 11-01-2021

Date: 11-01-2021
Business: Adv.Mr.Doshi for plaintiff present.
None present for defendant.
Adv.of plaintiff tendered registered chamber summons No.71/2021 a/w. affidavit in support of chamber summons t.o.r.
Order on chamber summons No.71/2021
Chamber summons allowed in terms of prayer clause (a) of the chamber summons. The chamber summons stand disposed off.
Matter adjd to 02.02.2021 for Return of summons.
Next Purpose: CHAMBER SUMMONS
Next Hearing Date: 02-02-2021

Date: 02-02-2021
Business: Adv.Bhavika Jiwari for plaintiff present.
None present for defendant.
Affidavit of service, Exh.6 filed by Adv.of plaintiff t.o.r.
Matter adjd to 15.02.2021 for chamber summons.
Next Purpose: CHAMBER SUMMONS
Next Hearing Date: 15-02-2021

Date: 15-02-2021
Business: Adv. Deeshenk Doshi for plaintiff present.
Adv.for defendant absent.
Matter adjd to 22/02/2021 for order against defendant.
Next Purpose: ORDER
Next Hearing Date: 22-02-2021

Date: 22-02-2021
Business: Adv.Deeshank Doshi i/b.Thakore Joriwala and Associates for plaintiff present.
None present for defendant.
          The plaintiff had filed affidavit of service pointing out that the writ of summons was published in \''Free Press Journal\'' in English and \''Navshakti\'' in Marathi on 15.01.2021.
         Inspite of the publication the defendant has not appeared in the suit. Suit to proceed ex-parte against defendant.
Matter adjd to 10.03.2021 for filing statement of truth.
Next Purpose: FILING  AFFIDAVIT OF DOCUMENT
Next Hearing Date: 10-03-2021

Date: 10-03-2021
Business: Adv.Deeshank Doshi i/b. Thakore Jariwala and Associates for plaintiff present.
None present for defendant.
Adjournment application, Exh.7 filed by Adv. of plaintiff t.o.r.
O-Granted.
Matter adjd to 05.04.2021 for statement of truth and evidence.
LO
Adv.Ramesh Jain present and filed vakalatnama, Exh.8 on behalf of defendant t.o.r. O-filed.
Matter adjd to 05.04.2021 for statement of truth and evidence.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 05-04-2021

Date: 05-04-2021
Business: Adv.Ganesh Ambekar for plaintiff present.
None present for defendant.
Matter adjd to 27.04.2021 for recording evidence.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 27-04-2021

Date: 27-04-2021
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 03-05-2021

Date: 03-05-2021
Business: Due to Covid-19 pandemic, matter adjourned.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 07-06-2021

Date: 07-06-2021
Business: None present for plaintiff.
None present for defendant.
Due to rise in Covid cases, Adjd to 25.06.2021 for R/E.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 25-06-2021

Date: 25-06-2021
Business: Court is on leave.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 30-06-2021

Date: 30-06-2021
Business: None present for plaintiff.
None present for defendant.
Due to rise in Covid cases, Adjd to 09.07.2021 for R/E.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 09-07-2021

Date: 09-07-2021
Business: None present for plaintiff.
None present for defendant.
Due to rise in Covid cases, matter adjd to 27.07.2021 for recording evidence.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 27-07-2021

Date: 27-07-2021
Business: PO is on Leave.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 02-08-2021

Date: 02-08-2021
Business: Adv. Deeshank Doshi i/b Thakore present for plaintiff.
None present for defendant.
Adv for plaintiff is seeking time for filling affidavit of evidence a/w documents adjd for Recording evidence to 23/08/2021.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 23-08-2021

Date: 23-08-2021
Business: Adv.Deeshank Doshi for plaintiff present.
None present for defendant.
KB
LO at 01.11 pm
Adv.Deeshank Doshi for plaintiff present and filed application for adjournment, Exh.9 t.o.r. O-Time granted.
Matter adjd. to 09.09.2021 for R/E.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 09-09-2021

Date: 09-09-2021
Reason For Adjournment: court time is over
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 30-09-2021

Date: 30-09-2021
Business: Adv.Shailesh Prajapati i/b.M/s.Thakore Jariwala and Associates for plaintiff present.
None present for defendant.
The plaintiff filed adjournment application, Exh.10 t.o.r.
O-Last chance granted subject to costs of Rs.500/- for Legal Aid.
Matter adjd to 21.10.2021 for R/E.
                                                                                              Judge
LO at 01.22 pm
Adv.Ramesh Jain for defendant present.
       He submits that copy of plaint and annexures are not received to the defendant. Plaintiff to verify and submit.
Matter adjd to 21.10.2021 for R/E.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 21-10-2021

Date: 21-10-2021
Business: None present for plaintiff.
None present for defendant.
KB
LO at 04.04 pm,
Adv.Vidhi Porwal i/b.Thakore Jariwala and Associates for plaintiff present.
The plaintiff tendered statement of truth, Exh.11 t.o.r.(a/w.copy)
The plaintiff tendered affidavit of evidence of PW-1, Mr. Vinayak Mahadev Shetye, Exh.12 t.o.r. (a/w.copy) It is read and recorded.
The plaintiff tendered list of document, Exh.13 t.o.r. (a/w.copy)
Adv.Ramesh Jain for defendant present.
Copies of Exh.11, Exh.12, Exh.13 are obtained by the advocate for defendant. Endorsement to that effect is made.
Matter adjd to 24.11.2021 for marking of documents.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 24-11-2021

Date: 24-11-2021
Business: Adv.Deeshank Doshi i/b.Thakore Jariwala and Associates for plaintiff present.
None present for defendant.
KB
LO at 12.22 pm,
Adv.Deeshank Doshi i/b.Thakore Jariwala and Associates for plaintiff present.
Adv.Ramesh Jain for defendant present.
       The Ld.Adv.for the defendant submits that there are chances of settlement. Hence, both parties are directed to remain present on the next date for settlement talks if any.
Matter adjd to 09.12.2021 for marking of documents/settlement talks.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 09-12-2021

Date: 09-12-2021
Business: Representative of plaintiff Deeshank Desai present.
None present for defendant.
KB
LO at 12.30 p.m.
Adv.Mr.Prajapati for plaintiff present.
None present for defendant.
KB
LO at 3.27 p.m.
Representative of plaintiff Deeshank Desai present.
Adv.Ramesh Jain for defendant present.
Adv.for defendant submits that settlement talks are in progress.
Matter adjd to 13.01.2022 for marking of documents and settlement.
Next Purpose: SETTLEMENT
Next Hearing Date: 13-01-2022

Date: 13-01-2022
Business: None present for plaintiff.
None present for defendant.
ORDER REGARDING EXHIBITION OF DOCUMENTS
1. The document at Sr.No.1 (page No.1-2) is Release Order dated 14.04.2017 received by e-mail. Read the 65 (B) certificate at Sr. No.8. In view of same and by reading the contents of affidavit of evidence in Para No.6, the document is marked as Exh.14.
2. The document at Sr.No.2 (page No.3-6) is Release Order dated 06.02.2018 received by e-mail. Read the 65 (B) certificate at Sr. No.8. In view of same and by reading the contents of affidavit of evidence in Para No.6, the document is marked as Exh.15.
3. The document at Sr.No.3 (page No.7-8) is report regarding statistics pertaining to the brand AIR BNB. Read the 65 (B) certificate at Sr. No.8. In view of same and by reading the contents of affidavit of evidence in Para No.7, the document is marked as Exh.16.
4. The document at Sr.No.4 (page No.8-9) is digital advertisement of the brand E-CIGARETTE. Read the 65 (B) certificate at Sr. No.8. In view of same and by reading the contents of affidavit of evidence in Para No.7 the document is marked as Exh.17.
5. The document at Sr.No.5 (page No.10) is invoice dated 08.11.2017. Read the 65 (B) certificate at Sr. No.8. In view of same and by reading the contents of affidavit of evidence in Para No.8, the document is marked as Exh.18.
6. The document at Sr.No.6 (page No.11) is invoice dated 28.02.2018. Read the 65 (B) certificate at Sr. No.8. In view of same and by reading the contents of affidavit of evidence in Para No.8 the document is marked as Exh.19.
7. The document at Sr.No.7 (page No.12) is invoice dated 29.03.2018. Read the 65 (B) certificate at Sr. No.8. In view of same and by reading the contents of affidavit of evidence in Para No.8 the document is marked as Exh.20.
8. The document at Sr.No.8 (page No.13-14) is certificate under Section 65(B). In view of contents of Para No.8 of affidavit of evidence, the document is marked as Exh.21.
9. The document at Sr.No.9 (page No.15-19) is office copy of the legal notice dated 15.11.2018 alongwith original postal receipt and the original packet as returned. In view of contents of Para No.10 of affidavit of evidence, the document is marked as Exh.22 (colly).
10. The document at Sr.No.10 (page No.20-24) is office copy of the legal notice dated 28.11.2018 alongwith original postal receipt and the original packet as returned. In view of contents of Para No.11 of affidavit of evidence, the document is marked as Exh.23 (colly).
Suit is ex-parte, hence, no cross.
In view of SOP dated 06.01.2022, matter adjd to 09.02.2022 for settlement/further evidence.
Next Purpose: SETTLEMENT
Next Hearing Date: 09-02-2022

Date: 09-02-2022
Business: None present for plaintiff.
None present for defendant.
In view of SOP dated 06.01.2022, matter adjd to 07.03.2022 for settlement
Next Purpose: SETTLEMENT
Next Hearing Date: 07-03-2022

Date: 07-03-2022
Business: None present for plaintiff.
None present for defendant.
KB
LO at 12.15 pm,
Adv.Vidhi Porwal i/b.Thakore Jariwala and Associates for plaintiff present.
Authorised representative of plaintiff Mr.Vinayak Shetye present.
The plaintiff filed application, Exh.24 for withdrawal of the suit.
Heard the Ld.Adv.for the plaintiff and the authorised representative  Mr.Vinayak Shetye. The plaintiff submits that plaintiff wants to withdraw this suit unconditionally. Hence, following order is passed below Exh.24.
ORDER BELOW EXH.
1. The application Exh.24 is allowed.
2. The plaintiff is allowed to withdraw this suit unconditionally.
3. I proceed to pass order below Exh.1.
ORDER BELOW EXH.1
Read the application, Exh.24 and today\''s order passed thereon.  The plaintiff wants to withdraw the suit unconditionally. In view of order below Exh.24, the plaintiff is allowed to withdraw the suit unconditionally. Hence, I pass the following order.
ORDER
1. Suit is dismissed as withdrawn unconditionally.
2. Parties to bear their own costs.
3. The plaintiff is entitled for refund of Court fees as per rules.
Nature Of Disposal: DISMISSED
Disposal Date: 07-03-2022

CHAMBER SUMMONS/100071/2021

Registration Number: 100275/2019
Transfer Date: 12-03-2020
From Court: 4 - IC REGISTRAR CITY CIVIL COURT MUMBAI
To Court: 32 -

Filing Number: 112675/2019
Filing Date: 20-11-2019
First Hearing Date: 29th January 2020
Decision Date: 07th March 2022
Court Number And Judge: 32-COURT 32 ADD. SESSIONS JUDGE