Date: 18-01-2019
Business: By Precipe.
Adv. Redekar for Plaintiff present.
He tendered draft NM t.o.r.
O- Leave is granted to register NM.
K.B.
L.O.
Adv. Gandhi I/b Adv. Shah for Defendant present.
By consent of both parties, adj for hearing on NM to 21.01.2019.
Next Purpose: NM FOR HEARING
Next Hearing Date: 21-01-2019
Date: 21-01-2019
Business: As Court is busy in dictating orders, hence board is discharged and matter is adjourned.
Adj for NM hearing to 23.01.2019.
Next Purpose: NM FOR HEARING
Next Hearing Date: 23-01-2019
Date: 23-01-2019
Business: Adv. Redekar for Plaintiff present.
He tendered original NM No.279/19 t.o.r.
K.B.
L.O.
Adv. Gandhi for Defendant present.
Deft filed reply to NM.
Counsel for parties consented to return the plaint to the Plaintiff for presenting it before the appropriate forum
Adj for order to 24.01.2019.
Next Purpose: NM ORDERS
Next Hearing Date: 24-01-2019
Date: 24-01-2019
Business: Adv. Ashish Naik for Plaintiff present.
Plff no.2 present.
Deft no.1 absent.
V/n for Defendant no.1 is not filed on record. Therefore, matter is adj for compliance and also in respect of service report of other Defendant.
Adj for compliance to 01.02.2019.
Next Purpose: COMPLIANCE
Next Hearing Date: 01-02-2019
Date: 01-02-2019
Business: Ex.2 Adv. Mithilesh Mishra filed V/n for Defendant t.o.r.
Adv. Redekar for Plaintiff present.
Ex.3 Affidavit of service filed by Adv for Plaintiff t.o.r.
Order below Exh.1.
Plaintiffs have filed present suit claiming relief of permanent injunction restraining defendants, their agents, servants, hire lings and their representatives from interfering with, disturbing the use, occupation and peaceful possession of the Plaintiffs in respect of suit premises in any manner whatsoever and/or dispossessing the Plaintiffs from the suit premises viz 70/70-A, Shop no.1, Hind Tej building, D.S.Road, Dadar(E), Mumbai without following due process of law. It is the contention of Plaintiffs that they are in occupation and use of suit premises as Licencee of the Defendants. Defendant no.1 filed reply to Notice of Motion and therein raised issue of jurisdiction of this Court to entertain and try the suit as it is dispute between Landlord and tenant. At the time of hearing of Notice of Motion, counsel for both the parties consented to return the plaint to the Plaintiffs for presenting it before appropriate forum. Adv for Defendants has also placed reliance upon authority in the case of Mansukhlal Dhanraj Jain and Ors. V/s. Eknath Vitthal Ugale with Vasudeo Prakash V/s. Vimla Premchand Hinduja and Ors. AIR 1995 SC 1102 in support of submission for return of plaint to the Plaintiffs for presenting the same to Court of competent jurisdiction. It is clear that Plaintiffs are claiming that they are Licensee of Defendants in respect of suit premises while Defendants contended that there is dispute between Landlord and tenant. In both eventualities in view of Sec.41(1) of the Presidency Small Causes Court Act, 1882, Small Causes Court has jurisdiction to entertain and try suit of present nature. For this I take support of the cited authority wherein injunction suit was filed by the Plaintiff claiming the right to possess the suit premises as Licensee,against defendants alleged Licensor, who is said to be threatening to disturb the possession of the Plaintiff Licensee, without following due procedure of law. Hon\''ble Apex Court held that suit filed by the appellants Plaintiffs were not cognizable by City Civil Court, Bombay and they could be entertain only by the Small Causes Court, Bombay and fall within the exclusive jurisdiction of the later Court. In view of above legal position considering that this Court has no jurisdiction to entertain and try suit of present nature, it is necessary to return the plaint to the Plaintiffs to present the same before the Court of competent jurisdiction in view of order 7 Rule 10 of C.P.C. Therefore I hereby ordered to return plaint to the Plaintiffs for presenting the same to the Court of competent jurisdiction. Registrar(Civil) to comply.
The Plaintiffs are directed to present the plaint within the period of two weeks from the date of return of plaint to them.
Order below NM No.279/19.
This NM has been filed in present suit. I have passed order to return the plaint to the Plaintiffs for presenting the same before the Court of competent jurisdiction. Therefore, NM stands disposed off. It be removed from the board.
Record of suit be sent to Board department for compliance.
Nature Of Disposal: PLAINT RETURN
Disposal Date: 01-02-2019
