Final Order 1

Order Details: Notice of Motion
Pdf Text: IN THE COURT OF :COURT 5 ADDL SESSIONS JUDGE
Case No. :NOTICE OF MOTION/0100365/2019
Salim Yasin Nirban Vs Abdulla Iqbal Sharif
Date : 22-01-2019
Business : Resumed. Adv. A. R. Pande for plaintiff and Adv. J. P.
Thakkar for def. Nos. 1 to 3 and Adv. Ravade for MCGM
are present. Exh. 6 - Vakalatnama of Adv. J. P.Thakkar for
def. Nos. 1 to 3. Adv. Ravade filed reply to NM. O- Filed.
Adv. Thakkar submits that the def. nos. 1 to 3 do not wish
to file reply to the NM and she will argue on the basis of
documents filed by the plaintiff. Her statement is accepted
and taken on record. Adv. Pande undertakes to get the NM
registered within one week from today. Heard, respective
advocates on ad-interim reliefs. Adv. Pande submits that the
plaintiff is carrying on work of repairs of the suit building
under the permission of MHADA. He further submits that
after completion of the repairing work the def. Nos. 1 to 3
will be accommodated in their premises. He further submits
that suit may be disposed off by directing the defendant
corporation to adopt due process of law, if the plaintiff fails
to repair the suit building except in accordance with the
permission granted by MHADA. Adv. Thakkar prays for
protection of the rights of def. Nos. 1 to 3 by submitting that
suits for declaration and applications for injunction are
pending before the Small Causes Court. The def. Nos. 1 to 3
may seek necessary direction for protection of their
respective tenancy rights from the Small Cause Court and
that no directions can be passed in this suit considering the
limited scope of this suit. On the other hand Adv. Ravade
for MCGM submits that if the plaintiff is carrying on/out
unauthorized addition/alteration construction, extension,
repairs etc. at the suit building the defendant will take
necessary action permissible under the law. Considering
these submissions the defendant corporation in case of any
contravention by the plaintiff may initiate action
permissible under law by following due process of law. On
this terms the suit and NM are disposed off. The NM be
registered for statistical purposes. An ordinary copy of this
order duly authenticated by Sheristedar of this Court be
supplied to both the parties.
Nature of Disposal : DISMISSED
Disposal Date : 22-01-2019
COURT 5 ADDL SESSIONS JUDGE
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