Final Order 1

Order Details: Notice of Motion
Pdf Text: 1 NM no. 115-20 in S.C.SUIT no.3271-13
IN THE CITY CIVIL COURT FOR GREATER BOMBAY
AT MUMBAI.
NOTICE OF MOTION NO. 115 OF 2020
(CNR no. MHCC010002952020)
IN
SHORT CAUSE SUIT NO. 3271 OF 2013
Mr. Popatlal Babulalji Sanghvi ]....Plaintiff
V/s
Shree Laxmi Vijay Printing Press ]....Defendants
Appearances:
Ld. Advocate Mr. Jain for the Plaintiff.
Ld. Advocate Mr. Mehta with Advocate Shukla for the Defendant.
CORAM : HIS HONOUR JUDGE
SHRI C.V. MARATHE
(Court Room no. 4)
DATED : 21st JANUARY, 2020.
O R A L O R D E R
1. By instant notice of motion the defendant has prayed to keep this
matter in abeyance till final disposal of R.A.D.Suit No. 1176/2015 by
taking recourse to Section 151 of the Code of Civil Procedure, 1908. Ld.
Advocate for the defendant has invited my attention to the order dated
22/01/2018 in A.O.No. 1161/2014 that CAA/1400/2014 wherein it is
observed by Hon'ble Bombay High Court that the interpretation of the
consent terms and whether they are in force or not, is a matter of
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2 NM no. 115-20 in S.C.SUIT no.3271-13
evidence and it is to be decided finally by the competent court.
According to the ld. Advocate for the defendant, in view of the above
order, the R.A.D. suit in the Small Causes Court, a competent court, to
decide whether the defendant is tenant or not will have to be decided
first and the said decision has direct bearing on the outcome of this suit.
The ld. Advocate for the defendant further submits that this is neither
suit for rent nor for possession in respect of common area and therefore
the suit needs to be stayed by invoking inherent jurisdiction under
Section 151 of Code of Civil Procedure. The ld. Advocate further
submits that the defendant has no other remedy available to him in law
which he can seek from a competent civil court and the instant suit is an
abuse of process of law.
2. Ld. Advocate for the plaintiff has resisted the notice of
motion contending that the defendant cannot seek assistance of
inherent powers to stay the earlier suit. He has also highlighted that
there is order of Hon'ble High Court dated 22/01/2018 to expedite the
hearing of the suit and the evidence of the plaintiff is filed in April,
2018 and since then the defendant is delaying the matter on one or the
other grounds. He has also submitted that the reliefs sought in this suit
cannot be granted by the Court of Small Causes and the reliefs in R.A.D.
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3 NM no. 115-20 in S.C.SUIT no.3271-13
suit cannot be granted by the civil Court as both the courts are not
being of concurrent jurisdiction.
3. The object underlying Section 10 of Code of Civil Procedure
is to prevent courts of concurrent jurisdiction from simultaneously
trying two parallel suits in respect of the same matter in issue. The
object is to avoid recording of conflicting findings on issues which are
directly and substantially in issue in previously instituted suit. In this
case, the reliefs of injunction, permanent and mandatory, can be
granted only by civil Court while declaration of tenancy can be made
only by the Court of Small Causes. The reliefs claimed in this suit are
different in nature from the reliefs in the R.A.D. suit. Therefore this
matter cannot be stayed by taking recourse to the inherent power under
Section 151 of Code of Civil Procedure.
4. As submitted rightly by the plaintiff's advocate, the
defendant wants to delay the matter after the evidence of the plaintiff is
filed in April, 2018. It is also important to note that the R.A.D. suit was
filed in 2015 but no such motion is taken out to stay the instant suit for
last five years. Therefore the notice of motion is liable to be dismissed.
Hence order :
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4 NM no. 115-20 in S.C.SUIT no.3271-13
ORDER
Notice of Motion No. 115/2020 is dismissed.
(C. V. Marathe)
Judge,
Date : 21.01.2020. City Civil Court, Gr. Mumbai.
Dictated on : 21.01.2020.
Transcribed on : 21.01.2020.
Signed by HHJ on : 22.01.2020.
CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER.”
UPLOAD DATE AND TIME : 22.01.2020 at 5.25 p.m.
NAME OF STENOGRAPHER : Miss M.A.Kulkarni.
Name of the Judge (With Court
Room no.)
HHJ Shri. C. V. Marathe
C.R. no.04
Date of Pronouncement of
JUDGMENT/ORDER
21/01/2020
JUDGMENT/ORDER signed by
P.O. on
22/01/2020
JUDGMENT/ORDER uploaded
on
22/01/2020
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