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Court Order

Final Order 1

CNR MHCC01000789202003 Dec 2021
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
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Full Order Text

Final Order 1 · 03 Dec 2021 · CNR MHCC010007892020

Order Details: Chamber summons
Pdf Text: IN THE COURT OF :COURT 05 ADDL SESSIONS JUDGE
Case No. :CHAMBER SUMMONS/0100105/2020
Nirmal R. Jain Vs Assistant Municipal Commissioner and anr.
Date : 03122021
Business : None present for plaintiff. Adv. Soraan @ Adv.
Diwate present for MCGM/defendant. Adv. Rajesh
present for defendant no. 02. Adv. Kirit Thapadiya
present for defendant no. 03. F.R.S.R. the
following order is passed on preliminary issue.
ORDER The preliminary issue is answered in
negative and it is held that the civil court has no
jurisdiction to entertain, try and decide the present
suit. In view of finding as to preliminary issue,
Civil Court has no jurisdiction to entertain, try and
decide the present suit as suit is barred by section
149 of MRTP Act. Therefore, suit will have to be
dismissed. Hence, suit is dismissed. As the suit is
disposed of Notice of Motion 4896/2019, Notice of
Motion No. 1684/2016 and Chamber Summons
No. 105/2020 do not survive. Therefore, Notice of
Motion 4896/2019, Notice of Motion No.
1684/2016 and Chamber Summons No. 105/2020
are also disposed off as filed. Proceeding is closed.
Authenticated copy of today&amp#039s
roznama be given to the parties if requested.
Nature of Disposal : OTHERWISE
Disposal Date : 03122021
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