Interim Order 1

Order Details: Notice of Motion
Pdf Text: Draft N/m in Suit No. 291/2020. 1 Order.
IN THE BOMBAY CITY CIVIL COURT AT BOMBAY.
DRAFT NOTICE OF MOTION
IN
LONG CAUSE SUIT NO. 291 OF 2020
(CNR NO. MHCC010009512020)
Aas Mohammed Manihar ...Plaintiff
Versus
The Municipal Corporation of Greater Mumbai ...Defendants
CORAM : SHRI G.G.BHANSALI.
(C.R.NO.11).
DATE : 28th JANUARY, 2020.
Mr. Thorat, Advocate for Plaintiff.
Mrs. Tondwalkar, Advocate for Defendant / MCGM.
Mr. Suryavanshi, Advocate for Intervener.
ORDER
This is a notice of motion taken out by plaintiff to challenge
validity and legality of notice under Section 354A of MMC Act dated
21/01/2020.
2. Ld. advocate Thorat for plaintiff submits that in response to
aforesaid notice, plaintiff has issued a reply on 23/01/2020, on the
same day the copy of speaking order has been handed over to the
plaintiff by designated officer. On perusal of speaking order at Page
No.39, it is mentioned that plaintiff is failed to reply the notice and
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Draft N/m in Suit No. 291/2020. 2 Order.
failed to submit conclusive proof in support of authenticity of impugned
unauthorized structure as mentioned in schedule in Para 2 of notice at
Page No.30. It is requested that reply given by plaintiff be consider and
let the MCGM to proceed for the speaking order. Demolition
programme is scheduled by MCGM, it is prayed for adinterim
protection.
3. Ld. advocate Tondwalkar for MCGM requested to peruse
short reply alongwith affidavit of the officer Mr. Ashok Jadhav. It is
supported with various photographs which shown progress of the
construction which is about to complete first floor. It shows that there
was no permission obtained by the plaintiff for vertical extension and
addition of first floor on the existing structure.
4. Ld. advocate Amol Suryavanshi for intervener submitted a
chamber summons to allow him as a defendant. Admittedly, unless
chamber summons is allowed, he can not allowed to participate in the
proceeding, however it is requested to peruse various photographs
submitted by intervener Mr. Ashraf Baksh. It is mentioned that in view
of a complaint moved by an intervener, the wheels of MCGM came to
be rotated for appropriate action against the plaintiff.
5. It is to note that a reply submitted by the plaintiff was
received to MCGM, however on the same day speaking order came to be
passed by the designated officer. There are numerous photographs
submitted by the intervener alongwith the affidavit. The officer of
MCGM Mr. Ashok Jadhav has submitted the photographs which shown
vertical extension of suit premises. Even after considering reply
submitted by plaintiff, it is crystal clear that existing structure was a
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Draft N/m in Suit No. 291/2020. 3 Order.
ground floor and first floor came to be erected by the plaintiff. At the
outset, it is to note that there is no permission of MCGM nor any
proposal for construction is pending with MCGM. It clearly indicate
that it is unauthorized vertical extension. No relief at the stage of ad
interim can be given by this Court. Hence the order :
ORDER
1. No relief at the stage of adinterim is granted.
2. MCGM to submit detail reply, to expedite hearing of
motion.
3. Upon pronounciation of aforesaid order, ld. advocate
Thorat for plaintiff requested for protection. It is observed
in specific terms by this Court that impugned structure is
unauthorized, no protection can be granted by this Court.
(G.G.BHANSALI)
Judge,
City Civil & Sessions Court,
Date : 28/01/2020. Mumbai.
1. Dictated on : 28/01/2020.
2. Transcribed on : 28/01/2020.
3. Signed on : 29/01/2020.
4. Delivered to Certified :
Copy Section on
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
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Draft N/m in Suit No. 291/2020. 4 Order.
SIGNED JUDGMENT/ORDER”
UPLOAD DATE AND TIME NAME OF STENOGRAPHER
29/01/2020. 3.09 p.m. Miss M.A.Kulkarni
Name of the Judge (with Court Room no.) HHJ Shri G.G.Bhansali.
(Court Room No.11).
Date of Pronouncement of Judgment/Order 28/01/2020.
Judgment/Order signed by P.O. on 29/01/2020.
Judgment/Order uploaded on 29/01/2020.
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