Final Order 2

Order Details: Notice of Motion
Pdf Text: 1 NOTICE OF MOTION NO. 132 of 2019.
L.C. SUIT NO. 146 OF 2019.
MHCC010003542019
IN THE BOMBAY CITY CIVIL COURT AT BOMBAY.
NOTICE OF MOTION NO. 132 OF 2019.
IN
L.C. SUIT NO. 146 OF 2019.
M/s. K. T. S. Automotors Pvt. Ltd. Through its
Director
Mr. Shrenik Pramod Kataria
…. PLAINTIFF.
V/s.
MCGM. …. DEFENDANT.
CORAM : SHRI. V. R. JAGDALE
(Court Room No.11).
DATED : 8th December, 2025.
APPEARANCES :
Mr. Suraj Kudalkar, Ld. Advocate for the plaintiff.
Mrs. Sheetal Metakari, Ld Advocate for the defendant/BMC.
*****
ORDER
01. The plaintiff has taken out the Notice of Motion (for brevity
‘the NM’), restraining the defendant from enforcing the notice dtd.
05.10.2018 and speaking order dtd. 07.12.2018 and sought relief of
temporary injunction.
02. Perused affidavit in support of NM and reply of the
defendant and the documents relied upon.
03. Perused Written argument filed by the Ld. Advocate for the
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L.C. SUIT NO. 146 OF 2019.
plaintiff and Ld. advocate for defendant/MCGM.
04. Considering the record, the point for determination, along -
with my finding and the reasons therefor, are as under :
Sr. No. POINTS FINDINGS
(i). Whether the plaintiff has a prima facie
case in his favour? … No.
(ii). Whether balance of convenience lies in
favour of the plaintiff? … No.
(iii). Whether the plaintiff would suffer an
irreparable loss, if the interim relief, as
prayed for, is refused ? … No.
(iv). What Order? …As per final Order.
-: REASONS FOR THE FINDINGS :-
AS TO POINT NOS. 1 TO 3 :
05. As these points are interlinked, they are discussed together
for the sake of brevity.
06. By this NM, the plaintiff has come with a specific case that
he is licensee in respect of premises being Gala/Unit No.A-2,
admeasuring about 21,000 sq. ft. Kantilal Maganlal Estate (previously
known as Panalal Silk Mills Compound) situated at L.B.S. Marg,
Bhandup (West), Mumbai 400 078 (herein referred as suit premises for
the sake of brevity and convenience). The suit structure is in existence
since prior to 1900. The plaintiff has obtained suit premises by virtue of
leave and licensee agreement in which he is running business of
showroom, sale and car services of Maruti and Suzuki Nexa Car.
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L.C. SUIT NO. 146 OF 2019.
07. The erstwhile owners M/s. Panalal Silk Mills Pvt. Ltd. were
running business prior to datum line and MCGM had issued licenses for
their business.
08. The plaintiff has also obtained Electricity Connection and
Registration Certificate for running his business. But, as the premises
was in dilapidated condition the plaintiff with the permission of owners
approached MCGM for proposed change of business and amalgamation
of suit premises. After inspection the defendant told the plaintiff to
make online application through their Architect and Consultant.
Accordingly, plaintiff has made application to that effect. However,
MCGM issued notice dtd.05.10.2018 under section 351 of the MMC Act,
alleging illegal and unauthorized construction. The plaintiff tendered
reply on 05.10.2018 and sought time for approval procedure from
Building and Proposal Department. But, the corporation declined to
grant time. Hence prayed notice of motion be made absolute.
09. In support of his contention the plaintiff has relied upon
following citations:-
(1) Dasharath Sahadeo Khade V/s. MCGM reported in 2005(1) MLJ, pg.
413.
(2) Mr. Rafiq Hameed Sayyed V/s. MCGM reported in 2006(2) ALL MR,
page 698.
(3) V. Sridharan V/s. BMC, in case of W.P. (L) No. 30813/2023
10. On the contrary, it is contended by the defendant that in
pursuant to complaint the premises was inspected by concerned officer
who observed that owner/occupier has carried out unauthorized
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L.C. SUIT NO. 146 OF 2019.
construction of service center ad-measuring 43.4m X 39.16 m having
ht.7.4 m by using G.I. Sheet, MS Channel Frames & Brick work. On
inquiry the occupier/owner was unable to produce documents showing
authenticity of the structure. Accordingly concerned officer prepared
Inspection Report and forwarded it to higher authority. The Designated
Officer after going through the same came to a conclusion that the
structure is unauthorized. Accordingly, notice under section 351 of the
MMC Act, dtd. 05.10.2018 was issued and informed him that he has
contravened provisions of Sec. 342 and 347 of MMC Act. He was also
called upon to produce documents showing existence of structure prior
to datum line within 7 days. The plaintiff tendered reply on 17.10.2018
without any documents and thereafter, Speaking Order passed on
07.12.2018 calling upon him to remove/pull down the notice structure.
The proposal received from the plaintiff was rejected on 21.12.2018.
Hence, prayed notice of motion be dismissed with costs.
11. It would be worthwhile to mention that plaintiff has
produced on record various documents which include Copy of Leave
and License Agreement, Copy of the Dimension Plan, Copy of the
Reregistration of Company, Copy of the Property Card, Copy of
Assessment Bill, Copies of Licenses and Copies of Electricity Bills. But in
the Assessment bill vide Exh.E the first date of Assessment is mentioned
as 01.04.1973 which is also admitted by the defendant in the written
statement. But it appears that the plaintiff has amalgamated suit
premises and on account of above fact had made application with the
defendant and also sought time for approval procedure from building
and proposal department which is already rejected on 21.12.2018.
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L.C. SUIT NO. 146 OF 2019.
12. Therefore, it appears that plaintiff has carried out
unauthorized erection and at the time of inspection it was observed in
respect of the same. Accordingly, the defendants have filed on record
inspection report dtd.01.10.2018. In clause 5 the work status is
mentioned as existing work in clause 14 and 27 it is mentioned that
plaintiffs have constructed a servicing center ad-measuring 43.4 m x
39.16 m having height 7.4 m by using GI sheet, MS Channel frames an
Brickwork as shown in sketch. Accordingly, notice dtd. 05.10.2018 was
issued to the plaintiff under section 351 of the MMC Act, calling upon
them to show sufficient cause as to why the notice structure should not
be pull down and if they failed to show sufficient cause it would be
liable to be removed or pull down. Thereafter speaking order was
passed on 07.12.2018 and at that time the Designated Officer had
considered the reply and documents and had come to the conclusion
that the documents does not prove/show existence of notice structure
prior to 01.04.1962 which is datum line for tolerated structure.
13. Therefore, it is clear that notice structure did not exist prior
to datum line and was not constructed after obtaining permission or
sanction plan. In view of above fact the ratio laid down in the citation
relied by the plaintiff will not be applicable.
14. Therefore, in my opinion the plaintiff has failed to make
out prima facie case and balance of convenience does not tilt in his
favour. If it is so, irreparable loss will not be caused to the plaintiff if
temporary injunction is refused. Hence, I answered point Nos.1 to 3 in
the negative and in the answer to point No. 4, I pass the following
Order :
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L.C. SUIT NO. 146 OF 2019.
-: O R D E R :-
(i) Notice of Motion No. 132 of 2019 is dismissed.
(ii) Notice of Motion No. 132 of 2019 is, accordingly, disposed of.
(V.R. Jagdale)
Mumbai. Judge,
Dated : 08.12.2025. City Civil Court,
Mumbai.
Directly typed on computer on :08.12.2025
Checked and Signed on :08.12.2025
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L.C. SUIT NO. 146 OF 2019.
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER”
UPLOAD DATE AND TIME
08.12.2025 at 5.00 p.m.
Name of the Typist
Mrs. Bhagyashree M. Desai.
Name of the Judge (with Court Room
No.)
HHJ Shri V.R. Jagdale
(Court Room No.11).
Date of Pronouncement of
Judgment/Order
08.12.2025
Judgment/Order signed by P.O. on 08.12.2025
Judgment/Order uploaded on 08.12.2025
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