Salim Yasin NirbanVsAbdulla Iqbal Sharif +3 more

Date: 18-01-2019
Business: Mentioned by pracipee.
Adv. A. R. Pande for plaintiff tendered draft NM along with affidavit seeking ad-interim relief for restraining the defendant no. 4 from obstructing the work of repairs/reconstruction of the suit building, which according to plaintiff is being carried on under the permission of MHADA and further from demolishing the suit building or part thereof without following due process of law.  Leave to register is granted.  Adv. Ravade with Mr. Pramod Surve, JE B ward for MCGM are present.
Exh. 1 - Plaint
Exh. 2 - Vakalatnama. O- Seen and filed.
Exh. 3 - Address Memo. O- R and R.
Exh. 4 - List of documents. O - Seen and filed.
Exh. 5 - Affidavit in support of plaint.
Heard, respective advocates.  Adv. Pande for plaintiff submits that the officer of the defendant are obstructing the work without issuing any notice.  On the other hand  Mr. Surve submits that if the plaintiff carries out any work beyond the permission of MHADA action will be taken.  The defendant no. 4 to file affidavit in reply.
Adjd for reply and arguments on ad-interim reliefs to 22.01.2019.
Next Purpose: REPLY
Next Hearing Date: 22-01-2019

Date: 22-01-2019
Business: Resumed.
Adv. A. R. Pande for plaintiff and Adv. J. P. Thakkar for def. Nos. 1 to 3 and Adv. Ravade for MCGM are present.
Exh. 6 - Vakalatnama of Adv. J. P.Thakkar for def. Nos. 1 to 3.
Adv. Ravade filed reply to NM.  O- Filed.
         Adv. Thakkar submits that the def. nos. 1 to 3 do not wish to file reply to the NM and she will argue on the basis of documents filed by the plaintiff.  Her statement is accepted and taken on record.
Adv. Pande undertakes to get the NM registered within one week from today.
         Heard, respective advocates on ad-interim reliefs.  Adv. Pande submits that the plaintiff is carrying on work of repairs of the suit building under the permission of MHADA.  He further submits that after completion of the repairing work the def. Nos. 1 to 3 will be accommodated in their premises.  He further submits that suit may be disposed off by directing the defendant  corporation to adopt due process of law, if the plaintiff fails to repair the suit building except in accordance with the permission granted by MHADA.  Adv. Thakkar prays for protection of the rights of def. Nos. 1 to 3 by submitting that suits for declaration and applications for injunction are pending before the Small Causes Court.  The def. Nos. 1 to 3 may seek necessary direction for protection of their respective tenancy rights from the Small Cause Court and that no directions can be passed in this suit considering the limited scope of this suit.
        On the other hand Adv. Ravade for MCGM submits that if the plaintiff is carrying on/out unauthorized addition/alteration construction, extension, repairs etc. at the suit building the defendant will take necessary action permissible under the law.
        Considering these submissions the defendant corporation in case of any contravention by the plaintiff may initiate action permissible under law by following due process of law.
          On this terms the suit and NM are disposed off.
The NM be registered for statistical purposes.
      An ordinary copy of this order duly authenticated by Sheristedar of this Court be supplied to both the parties.
Nature Of Disposal: DISMISSED
Disposal Date: 22-01-2019

NOTICE OF MOTION/100365/2019

Filing Number: 100680/2019
Filing Date: 16-01-2019
First Hearing Date: 18th January 2019
Decision Date: 22nd January 2019
Court Number And Judge: 5-COURT 05  ADDL SESSIONS JUDGE