Order 2

Order Details: Order on Exhibit
Pdf Text: 1
IN THE COURT OF SMALL CAUSES AT MUMBAI
( BANDRA BRANCH)
ORDER BELOW EXHIBIT- 1
IN
L. D. SUIT NO. 147 OF 2022
(CNR-MHSCA-30013742022)
1. Mr. Jeetesh Shyamsunder Varshney ...Plaintiff.
Versus
Mr. Vikas Vasudeo Parab & Ors. ...Defendants.
Mr. Mitesh S.Varshney, ….Ld. Advocate for Plaintiff.
Mr. Jagdamba O. Jayswal, ….Ld. Advocate for Defendants.
Coram: R. R. Kale,
Judge, C. R. No. 35,
Date : 6th November, 2023.
ORAL ORDER :-
The Ld. Advocate for the plaintiff as well as Ld. Advocate
for the defendant No. 1 are present before me. It seems that, the
applications vide Exh.9, 10, 23, 35, 34, 36, 37, 38, 39 & 40 filed by the
plaintiff are pending for hearing since last many dates. On last occasion,
after perusal of roznama it seems that, plaintiff had sought adjournment
vide Exh. 54 which was granted as a last chance. Today, matter was kept
for hearing on applications. The Ld. Advocate Mr. Mitesh S. Varshney
for the plaintiff is present who submitted before the Court that, the
applications filed by him today at Exh.55, 56, 57 and 58 be taken for
hearing first. However, it seems that, the plaintiff has moved
applications vide Exh. 38, 35, 10, 9 and 34 for interim injunction
against the defendants and for various other reliefs against the
defendant No. 1 which are pending since long and it seems from
/home/steno35/R.R. Kale, Judge- C.R.35/Nov-23/Orders/6-11/147-2022- L-D- Ex-1- ).odt SSC
-- 1 of 2 --
2
perusal of roznama, the plaintiff is keeping himself busy in making
applications on each date of hearing and is reluctant to argue on earlier
applications. It also seems that, many applications are quite similar in
nature and similar reliefs are claimed by the plaintiff. Hence, the Court
has decided to take all earlier applications filed by the plaintiff as well
as defendant No. 1 for hearing together and for disposal according to
law. At the time, when the Court was perusing the entire proceeding
and making inquiry about the applications pending in the matter, Ld.
Advocate Mr. Mitesh S. Varshney on behalf of plaintiff interrupted the
Court and said that, “
this Court is not listening to him and only
listening to the other side of defendant No. 1 and what is going on in
this Court”. The Court after hearing the plaintiff’s Ld. Advocate warned
him not to make allegations against the Court which will invite
contempt action and further directed him to proceed with the matter as
per Law and procedure and argue on all earlier applications on next
date. The Ld. Advocate apologized. Next date is fixed is as 11.12.2023
and both parties are directed to argue on previous applications and to
co-operate the Court in disposing of the present suit in smooth manner.
(Dictated and pronounced in Open Court.)
Sd/-
Bandra -Mumbai. ( R. R. Kale )
Date : 06.11.2023. Judge, C. R. No.35.
Order dictated on : 06.11.2023
Order checked & signed on :06.11.2023.
/home/steno35/R.R. Kale, Judge- C.R.35/Nov-23/Orders/6-11/147-2022- L-D- Ex-1- ).odt SSC
-- 2 of 2 --