Interim Order 1

Order Details: Notice of Motion
Pdf Text: Draft NM. : 1 : L.C.Suit .No.108/2018
IN THE BOMBAY CITY CIVIL COURT AT GREATER BOMBAY
DRAFT NOTICE OF MOTION
IN
L.C.SUIT NO. 108 OF 2018.
M/s. Astro Sports Pvt. Ltd.,.. } .. Plaintiff.
Versus.
The Designated Officer2, }
Asst. Engineer (B & F) }
Municipal Corporation of Gr. Mumbai, }
G/South Ward, Municipal Office & Anr.. } .. Defendants.
Ld. Advocate Mr. P.D.Gandhi for the Plaintiff.
Ld. Advocate Mr. J.M.Puranik for Defendant /BMC.
CORAM : HIS HONOUR JUDGE
SHRI. G.B.GURAO
DATE : 16 TH FEBRUARY, 2018.
(Court Room No.06)
O R D E R
1. Plaintiff has taken out this draft notice of motion to restrain the
defendant/Corporation from taking any action on the basis of notice
dated 04/01/2018.
2. According to the plaintiff, plaintiff is owner and occupier of
premises i.e. Astro Sports Pvt. Ltd. situated at Raghuvanshi Mill
Compound. Plaintiff runs business there. However,
defendant/Corporation on 04/01/2018 issued a notice to plaintiff to
remove irregularities if any. Plaintiff has abided the rules and
regulations of Corporation. The notice is bad and illegal. Hence, prayed
to grant adinterimrelief.
3. Notice is served to defendant/ Corporation.
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Draft NM. : 2 : L.C.Suit .No.108/2018
4. I have heard Shri. P. D. Gandhy advocate for plaintiff and Shri.
Puranik advocate for defendant/Corporation.
5. I have perused the impugned notice. In the said notice, plaintiff
was directed to remove irregularity if any within 15 days. However,
there is no mention about the specific irregularities. In similar matter,
in Zahir Zenuddin Merchant, the Hon'ble High Court in Appeal
from order (St.) No.2265 of 2018 with Civil Application (St.) No.
2267 of 2018 in Appeal from order (St.) No. 2265 of 2018 has
directed to defendant/Corporation not to take any coercive action.
Therefore, considering the nature of the present suit and the order of
Hon'ble High Court, I pass the following order:
O r d e r
1. Defendant/corporation is directed not to take any coercive action
on the basis of impugned notice till next date.
2. Leave is granted to register the draft Notice of Motion.
Date : 16.02.2018. (G.B.Gurao)
Judge,
City Civil Court, Gr. Bombay.
Dictated on : 16.02.2018
Typed on : 16.02.2018
Signed by HHJ. : 16.02.2018
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Draft NM. : 3 : L.C.Suit .No.108/2018
“ CERTIFIED TO BE TRUE AND CORRECT COPY OF THE
ORIGINAL SIGNED JUDGMENT/ORDER.”
16.02.2018 /4.30 p.m. Mr. S.D.Nalawade
UPLOAD DATE AND TIME NAME OF STENOGRAPHER
(H.G.)
Name of the Judge (with
Court Room No.)
Shri. G.B.Gurao
(CR.No.06)
Date of Pronouncement of
JUDGEMENT/ORDER
16.02.2018
JUDGEMENT/ORDER signed
by P.O. on
16.02.2018
JUDGEMENT/ORDER
uploaded on
16.02.2018 .
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