Interim Order 1

Order Details: Notice of Motion
Pdf Text: 1
IN THE BOMBAY CITY CIVIL COURT AT GREATER BOMBAY
Draft Notice of motion
In
L.C.Suit No.141 of 2019
Sirajuddin Mohammed Yusuf Shaikh ...Applicant
IN THE MATTER BETWEEN
Sirajuddin Mohammed Yusuf Shaikh ..Plaintiff
Versus
Municipal Corporation of Greater Mumbai
& Ors ...Defendants
Advocate Prerak Sharma for plaintiff
AdvocateG.O.Giri for defendant /MMC
CORAM : HIS HONOUR JUDGE
SHRI. G.B.GURAO
DATE : 22nd January, 2019
(Court Room No.06)
O R D E R
1 Plaintiff has taken out this draft notice of motion to
restrain the defendant Municipal corporation from taking any action on
the basis of notice dated 16/1/2019.
2 Shri Prerak Sharma advocate for plaintiff has submitted
that plaintiff is in possession of commercial premises shop no F.S.M
29/1/1C situated near 22 A BMC chawl Sewree cross road, Mumbai
15. Plaintiff has necessary documents. Plaintiff earlier had filed
L.C.Suit No 2038 of 2018 as per the directions of this court. Plaintiff
had filed application to defendant no. 2 & 3 however, till yet defendant
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has not taken any decision in respect of the eligibility of the plaintiff. In
spite of taking the decision defendant issued a impugned notice and
order and directed the plaintiff to vacate the premises within 48 hours.
Thus, it is necessary to restrain the defendant from taking any action
on the basis of the impugned notice till the determination of eligibility
of plaintiff.
3 Shri G.O. Giri advocate for defendant no. 1 & 2 has
submitted that the name of plaintiff is wrongly mentioned ain
annexture II of the estate department of the defendant. Today, the
colony officer Digambar Gardi of F south ward is present and if plaintiff
produces the original documents the defendants will decide the
application of the plaintiff immediately. He further submitted that time
bound programme may kindly given to decide the application of the
plaintiff.
4 Perused the record. Admittedly the name of plaintiff is
wrongly entered in the annexture II prepared by estate department of F
south ward. Perused the documents. According to plaintiff, he is
eligible for the accommodation in the development . It also appears
that plaintiff has filed application to defendant in June and September
2018. However, till yet no decision is taken. Therefore, considering the
facts and circumstances of the case, I pass following order:
ORDER
1 Plaintiff is directed to appear before The Assistant
Commissioner, F South ward, on 24/1/2019 at 11. a.m.
a/w original documents of eligibility.
2 Plaintiff is directed to submit the original documents for
verification.
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3 The Assistant commissioner, F ward is directed to decide
the application of plaintiff for eligibiliy within two weeks from
24/1/2019.
4 The Defendant corporation is directed not to take coercive
action in respect of suit premises till next date.
5 Draft NM disposed of accordingly and it be registered for
statistical purpose.
(G.B.Gurao)
Judge,
City Civil Court, Gr. Bombay.
Dictated on : 22/01/2019
Typed on : 23/01/2019
Signed by HHJ. : 24/1/2019
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“ CERTIFIED TO BE TRUE AND CORRECT COPY OF THE
ORIGINAL SIGNED JUDGMENT/ORDER.”
24/1/2019
S.D. Raje
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
22/1/2018
JUDGEMENT/ORDER signed by
P.O. on
24/1/2018
JUDGEMENT/ORDER uploaded
on
21/11/2018
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