Interim Order 1

Order Details: Notice of Motion
Pdf Text: Draft N/m in Suit No. 110/2020. 1 Order.
IN THE BOMBAY CITY CIVIL COURT AT BOMBAY.
DRAFT NOTICE OF MOTION
IN
SUIT NO. 110 OF 2020
(CNR NO. MHCC010003112020)
Suyog Telematics Limited ...Plaintiff
Versus
The Asst. Municipal Commissioner & others ...Defendants
CORAM : SHRI G.G.BHANSALI.
(C.R.NO.11).
DATE : 18th JANUARY, 2020.
Mr. Ansari, Advocate for Plaintiff.
Ms. Mhatre, Advocate for Defendants / MCGM.
ORDER
Heard ld. Advocate Ansari for plaintiff. It is admitted that
impugned structure i.e. 3 mobile towers of the companies (Airtel, Idea
and Vodafone) are erected by the plaintiff company in the year 2014
without any permission.
2. The notice came to be issued by the MCGM on 27/12/2019
to the owner of land namely Kiran Gupta, who has informed to the
plaintiff. In view of letter dated 06/01/2020, proposal for
regularization has been submitted by the plaintiff. Plaintiff is ready to
pay required charges and balance charges of last 6 years.
3. Perused short reply of MCGM and documents submitted
vide Exh.2 and 3. It is added that present suit is not tenable before this
Court being notice under MRTP Act. It is added that plaintiff has to
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Draft N/m in Suit No. 110/2020. 2 Order.
submit the proposal to Building Proposal Department at Vikhroli.
However, plaintiff has submitted the proposal to Factory Department.
4. Admittedly, impugned 3 towers as mentioned by plaintiff
are erected in April, 2014 at Mahadeo Mandir Road, Ghatkopar.
Plaintiff is ready to pay required charges and compliance of all
documents, map, structural audit, etc. In response to reply submitted
on 06/01/2020, there is no speaking order issued by the MCGM. Note
is taken that various mobile customers are using mobile phone by
availing services from aforesaid 3 towers. Hence the order :
ORDER
1. Adinterim injunction is granted as prayed.
2. Defendant shall not obtain coercive action in respect of
notice dated 27/12/2019 till further order of this Court.
3. Plaintiff to submit detail proposal within 10 days.
4. MCGM is at liberty to recover required charges and default
fees from the erection of the tower.
5. Upon compliance of all formalities, MCGM is at liberty to
issue permission or regularization.
6. In default, to comply all formalities or if no structural
stability is there, etc. MCGM is at liberty to proceed for
appropriate order.
7. Next date for hearing before this Court is given
05/03/2020.
(G.G.BHANSALI)
Judge,
City Civil & Sessions Court,
Date : 18/01/2020. Mumbai.
1. Dictated on : 18/01/2020.
2. Transcribed on : 18/01/2020.
3. Signed on : 18/01/2020.
4. Delivered to Certified :
Copy Section on
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Draft N/m in Suit No. 110/2020. 3 Order.
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER”
UPLOAD DATE AND TIME NAME OF STENOGRAPHER
21/01/2020. 11.59 a.m. Miss M.A.Kulkarni
Name of the Judge (with Court Room no.) HHJ Shri G.G.Bhansali.
(Court Room No.11).
Date of Pronouncement of Judgment/Order 18/01/2020.
Judgment/Order signed by P.O. on 18/01/2020.
Judgment/Order uploaded on 21/01/2020.
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