Bombay High Court
Google India Private Ltd vs Pravin Upadhyay And Ors on 23 August, 2022
Author: Sandeep K. Shinde
Bench: Sandeep K. Shinde
29-IA-17558-2022.docx
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
INTERIM APPLICATION NO.17558 OF 2022
Digitally
signed by IN
SHAMBHAVI
SHAMBHAVI NILESH CIVIL REVISION APPLICATION (ST) NO.15826 OF 2022
NILESH SHIVGAN
SHIVGAN Date:
2022.08.24
10:00:09
+0530
Google India Private Ltd. ..... Applicant
Vs.
Pravin Upadhyay and Ors. ....Respondents
....
Mr. E. Naushad with Ms. Padmaja Dholakia with Ms. Charushila
More and Ms. Sarika G. for the Applicant.
CORAM: SANDEEP K. SHINDE, J.
DATED : AUGUST 23, 2022 P.C.
1. Heard learned counsel for the Applicant. This Revision Application challenges the order dated 1st February, 2022 passed below Exhibit 10 in Regular Civil Suit No.942 of 2018. The subject Suit is instituted by the Respondent No.1 for damages, permanent injunction and mandatory injunction wherein the Applicant is Defendant No.3. Applicant moved an application under Order 1 Rule 10(2) of the Code of Civil Procedure, 1908 for deleting his name as Defendant in the subject Suit. The learned Trial Court rejected the said application on 1st February, 2022. Interim application seeks condonation of delay caused in preferring Revision against the said order. Shivgan 1/2
29-IA-17558-2022.docx
2. Heard learned counsel for the Applicant.
3. Issue notice to the Respondents returnable on 22nd September, 2022. In addition to the Court notice, applicant shall serve contesting Respondents by Humdust.
4. Having regard to the facts of the case and in view of the orders passed by this Court in Chamber Summons No.874 of 2015 in Suit No.145 of 2015; Chamber Summons No.92 of 2016 in Suit No.502 of 2015 and in Interim Application in Writ Petition (L) No.12318 of 2021, prima-facie, I am of the view that the Applicant was neither necessary nor proper party in the Suit instituted by the Respondent No.1.
5 For these reasons, till the returnable date, Trial Court shall not pass any adverse order against the Applicant/Defendant No.3 in the subject Suit.
(SANDEEP K. SHINDE J.) Shivgan 2/2