Final Order 1

Order Details: Notice of Motion
Pdf Text: 1 N.M. No.358 of 2019
CNR:MHCC01-000906-2019
IN THE BOMBAY CITY CIVIL C0URT AT BOMBAY
NOTICE OF MOTION NO. 358 OF 2019
IN
L.C.SUIT NO. 460 OF 2018
N. L. Sarkar & Anr. .. Plaintiffs
V/s.
Designated Officer, Asst. Engineer
(Bldg. & Fact.) D, Ward, MCGM & Anr. .. Defendants
Appearance:-
Adv. P. D. Gandhy for plaintiffs.
Adv. G. V. Jawale for MCGM/defendants.
CORAM : HIS HONOUR ADDL. SESSIONS JUDGE
SHRI. R. M. MISHRA
CITY CIVIL COURT, GR. BOMBAY
(C.R. NO.05).
DATE : 04/09/2024.
ORDER
By this Notice of Motion, the plaintiffs have prayed for the
interim relief restraining the defendants from taking any action
pursuant to the notice under Section 53 (1) of MRTP Act bearing
D/DO2/D/214/53-1 MRTP ACT/D252N01/dt. 01/07/2017 in respect
of the suit premises as mentioned in the impugned notice and plaint,
pending the hearing and final decision of the suit.
2 During the course of arguments, the learned advocate for
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2 N.M. No.358 of 2019
the plaintiffs has submitted that inspite of giving reply to the impugned
notice, no speaking order has been passed. On the other hand, the
learned advocate for the defendant/MCGM as well as Mr. D.M. Karande,
Asst. Engineer, B & F, D Ward present in the court have submitted that
the Corporation is ready to pass the speaking order. On the other hand,
the learned advocate for the plaintiffs submitted that if the defendants
are given opportunity to pass the speaking order in that case, the
plaintiffs should be granted interim protection, if any, adverse order is
passed against the plaintiffs towards the impugned notice in respect of
the suit premises. Therefore, considering the submissions of both sides,
following order is passed.
ORDER
1 Notice of Motion No. 358 of 2019 stands disposed of on
the following terms and conditions -
a) The defendants/MCGM are hereby directed to pass the
speaking order by considering the reply and documents of the plaintiffs
towards the impugned notice.
b) It is further directed that if any adverse order is passed
against the plaintiffs, the defendants are directed not to take any
coercive steps for the period of 15 days immediately after serving the
order to the plaintiffs.
2 Notice of Motion No. 358 of 2019 stands disposed of
accordingly.
Date:04/09/2024. (R. M. Mishra )
Dictated on :04/09/2024. Judge, City Civil Court,
Typed on :04/09/2024. Gr.Mumbai.
Signed on :04/09/2024.
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3 N.M. No.358 of 2019
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER.”
05/09/2024. 11.28 a.m. (Santosh B. Sawant )
UPLOAD DATE AND TIME NAME OF STENOGRAPHER
Name of the Judge (With Court room
No.)
HHJ Shri. R. M. Mishra
(C.R.No.05)
Date of Pronouncement of
JUDGMENT/ORDER
04/09/2024.
JUDGMENT/ORDER signed by P.O.on 04/09/2024.
JUDGMENT/ORDER uploaded on 05/09/2024.
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