Application for interim injunction regarding alleged defamation disposed of as withdrawn by plaintiff. Defendants undertook to file written statement within eight weeks; office objections must be removed within three weeks.
Notice of motion disposed as withdrawn; suit proceeded on merits subject to filing timelines.
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY AND ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION (L) NO.1563 OF 2019 IN
SUIT (L) NO.275 OF 2019
Isamil Yakub Payak
..Plaintiff
Vs.
Mukesh Chug & Ors
..Defendants
Mr. Firoz Bharucha a/w Mr. Shyam Panchmukh I/b Aditya Pratap for Plaintiff/Applicant
Mr. S. R. Moray for Defendants
CORAM : K.R.SHRIRAM, J. DATE : 5th AUGUST 2019
P.C.:
1 Mr. Moray appearing for all defendants undertakes to file vakalatnama within one week. Undertaking accepted.
2 Mr. Moray states that no case has been made out in the plaint or in the affidavit in support of notice of motion that defendants are making or publishing any defamatory material and, therefore, where is the question of granting an ad-interim relief. In any event, Mr. Moray states that defendants have no intentions of making or publishing any defamatory material against plaintiff and, therefore, the court should not pass any orders.
3 In view of this statement, Mr. Bharucha seeks leave to withdraw the notice of motion with liberty to approach the court, should the need arise.
Meera Jadhav
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4 Notice of motion disposed as withdrawn with liberty as prayed
for.
5 Mr. Moray waives service of writ of summons. Mr. Moray states that the written statement will be filed within 8 weeks from today. Statement accepted. If the written statement is not filed within 8 weeks as directed, the suit be placed in the list of undefended suit. If the written statement is filed, registry is directed to list the matter before Prothonotary and Senior Master, High Court, Bombay.
6 Within three weeks all office objections in the suit as well as notice of motion to be removed and the suit as well as notice of motion to be numbered, failing which, the suit as well as the notice of motion will stand dismissed without further reference to the court.
Meera Jadhav
2 provisions across 2 enactments
Isamil Yakub Payak
Mukesh Chug & Ors
K.R.Shriram
Meera Jadhav
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
