Order 1

Order Details: Notice of Motion
Pdf Text: Draft NM. : 1 : L.C.Suit.No.131/2018
IN THE BOMBAY CITY CIVIL COURT AT GREATER BOMBAY
DRAFT NOTICE OF MOTION
IN
L.C.SUIT NO. 131 OF 2018.
Shekhar Appu Shetty }
of Mumbai, Indian Inhabitant, }
residing at Flat No. 1001, }
Woodside Bay, Omkaar Building, }
Shaitaan Chowkey, Gokhale Road (S), }
Dadar (West), Mumbai400 028 and }
carrying on business at Plot No.23, }
Narayan Building, 2nd & 3rd Floor, }
Opp. Dadar Railway Station, }
Dadar (East), Mumbai400 014.... } .. Applicant.
IN THE MATTER BETWEEN
Shekhar Appu Shetty }
of Mumbai, Indian Inhabitant, }
residing at Flat No. 1001, }
Woodside Bay, Omkaar Building, }
Shaitaan Chowkey, Gokhale Road (S), }
Dadar (West), Mumbai400 028 and }
carrying on business at Plot No.23, }
Narayan Building, 2nd & 3rd Floor, }
Opp. Dadar Railway Station, }
Dadar (East), Mumbai400 014.... } ...Plaintiff.
Versus.
1. Municipal Corporation of }
Greater Mumbai & Ors... } .. Defendants.
Advocate Mr. Ravi Gadagkar i/b Ns. Usha Gadagkar for the Plaintiff.
Advocate Mrs. Chavan for BMC/Defendants.
Advocate Mr. J.S.Kini for defendant No.4.
CORAM : HIS HONOUR JUDGE
SHRI. G.B.GURAO
DATE : 16th JANUARY, 2018.
(Court Room No.06)
O R D E R
1. Plaintiff has taken out this notice of motion for issuance of ad
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interim injunction, restraining the defendant Nos.1 to 3 by themselves
or any other person on behalf of them acting in furtherance to and or
giving effect to implementing the said notice dated 4th January, 2018.
2. Plaintiff has filed the present suit for declaration that the notice
issued by defendant Nos. 1 to 3 dated 04/01/2018 is illegal, malafide,
arbitrary and improper etc. and also prayed to grant permanent
injunction.
3. According to plaintiff, dispute arise between plaintiff and
defendant No.4. Plaintiff was running "Summer Land Guest House" in
the suit premises. However, plaintiff has closed the business. Despite of
this, defendant No.4 caused defendant Nos. 1 to 3 to give notice to the
plaintiff. Thus, the notice is illegal.
4. I have heard Mr. Ravi Gadagkar advocate for plaintiff, Advocate
Mr. J.S.Kini for defendant No.4 and Advocate Mrs. Chavan for
BMC/Defendants Nos. 1 to 3.
5. Mr. Gadagkar advocate for plaintiff invited my attention towards
the documents. According to him, the said lodge is closed. However,
the notice is illegal. Thus, it is necessary to restrain the defendants to
act upon the said notice. According to him, Arbitration Petition (L) No.
55 of 2018 is pending before the Hon'ble High Court. According to
him, if the injunction as prayed is not granted then irreparable loss will
be caused to the plaintiff. He prayed to grant adinteriminjunction.
6. Mrs. Chavan advocate for BMC/Defendants Nos. 1 to 3. has
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submitted that still, the plaintiff is running lodge in the suit premises.
Officers of the Corporation have inspected the premises. The lodge is
running without the license from the Corporation. Thus, the notice is
legal.
7. Advocate Mr. Kini for defendant No.4 has submitted that
plaintiff has no prima facie case. Balance of convenience does not lie in
favour of plaintiff. He has invited my attention towards the arbitration
proceeding and other documents. According to him, if adinterim
injunction is granted, then plaintiff will misuse the said order. He
further submitted that plaintiff is running the lodge in the suit
premises. Hence, he prayed to reject the application.
8. I have perused the documents on record. The dispute is between
landlord and tenant. The arbitration Petition (L) No.55 of 2018 is
pending before the Hon'ble High Court, Bombay. Hon'ble High Court
has specifically directed the plaintiff that he shall not allow any
individual to use and occupy any of the rooms in the Guest House
except the three patients. I have perused the notice issued by defendant
Nos. 1 to 3. In the notice, it has specifically mentioned that plaintiff is
running lodge in the premises.
9. Inspection report do show that plaintiff is running lodge in the
suit premises. Therefore, in such a circumstances, it is necessary to
hear the parties at length. In such a circumstances, plaintiff is not
entitled for adinterimrelief. Therefore, the following order :
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O r d e r
1. Adinterimrelief is refused.
2. Leave is granted to register the Notice of
Motion.
Date : 16.01.2018. (G.B.Gurao)
Judge,
City Civil Court, Gr. Bombay.
Dictated on : 16.01.2018
Typed on : 16.01.2018
Signed by HHJ. : 17.01.2018
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“ CERTIFIED TO BE TRUE AND CORRECT COPY OF THE
ORIGINAL SIGNED JUDGMENT/ORDER.”
17.01.2018 /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
16.01.2018
JUDGEMENT/ORDER signed
by P.O. on
17.01.2018
JUDGEMENT/ORDER
uploaded on
17.01.2018
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