Final Order 1

Order Details: Notice of Motion
Pdf Text: MHCC010009962019
CNR No.
IN THE BOMBAY CITY CIVIL COURT AT BOMBAY
NOTICE OF MOTION NO.382 OF 2019
IN
S.C. SUIT NO.6244 OF 2002
THE NATIONAL TEXTILE CORPORATION LTD ]
WESTERN REGION ]… Plaintiff
V/s.
BYRAMJEE JEEJEEBHOY PVT. LTD ]...Defendant
Appearances :-
None for plaintiff.
Mr.A.M. Rajabally, Ld. Adv. for defendant.
CORAM : HIS HONOUR JUDGE
SHRI SHANKAR G.
BORLEPWAR
(C.R.No.20)
DATED :7th March, 2020
ORAL ORDER
MHCC01-000996-2019
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1. Defendant took out this Notice of Motion to stay and/or
kept in abeyance this suit till final disposal of the Writ Petition No.526
of 2015 filed by defendants to the Hon'ble Bombay High Court and in
connection whereof, a Transfer Petition (Civil) No.215 of 2018 filed by
the defendantsis pending before the Hon'ble Supreme Court of India.
2. Perused the Notice of Motion, affidavit in support of Notice
of Motion and reply of plaintiff. Heard both sides.
3. Following points arise for my determination. I record my
findings thereon for the reasons mentioned below:
Sr. No. POINTS FINDINGS
1. Whether the suit can be stayed and / or
can be kept in abayance as prayed for?
In the negative.
2 What Order ? Notice of motion is
dismissed.
REASONS
As to point Nos.1 & 2.
4. In brief, it is contention of the defendant that defendant
appeared and filed written statement. That the Union of India
promulgated an Ordinance to further amend the Act of 1974 and also
the Textile Undertakings (Nationalization) Act, 1995 on 24.10.2014.
The Textile Undertakings (Nationalization) Laws (Amendment and
Validation) Bill, 2014, was introduced in Parliament on 21.11.2014.
The Amending Act received assent of the President of India on
17.12.2014 and published in Gazette on 18.12.2014. The defendant
file Writ Petition No.526 of 2015 before the Hon'ble Bombay High Court
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and thereby challenged the said Revalidation Act. Rajesh Himmatlal
and others have also filed Writ Petition No.2147 of 2015 before the
Hon'ble Bombay High Court and challenged the said Revalidation Act.
At the request of Union of India, on 14.6.2018 the said Writ Petition
was stood over to 21.6.2018 and was directed to be heard alongwith
Writ Petition No.526 of 2015 filed by the defendant. On 10.09.2018 the
Hon'ble Bombay High Court passed an order in the said Writ Petition
regarding statement of the advocate for Petitioners and also the
advocates for the plaintiffs that issue involved in the said Writ Petition
is pending before the Hon'ble Apex Court and therefore, the Hon'ble
Division Bench of the Hon'ble Bombay High Court pleased to adjourn
the said Writ Petition sine die with liberty to the parties to apply as soon
as the decision of the Apex court becomes available.
5. The Hon'ble Supreme Court of India passed an order on
28.11.2018 disposing of those related proceedings observing that the
decree holder therein had not challenged the Revalidation Act, and
therefore the matter needed to be proceeded on a footing that the main
Act stood amended with retrospective effect.
6. The matter relating to Revalidation Act is subject matter of
the challeng in the Hon'ble Bombay High Court in the defendants' Writ
Petition No.526 of 2015 and also in other Writ Petition filed by some
third party. The Transfer Petition in connection with the defendants'
Writ Petition No.526 of 2015 is taken cognizance of a pending before
the Hon'ble Supreme Court. The same is awaiting disposal before the
Hon'ble Supreme Court.
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7. Therefore, it is prayed further proceedings including the
hearing and final disposal of the suit be stayed and / or kept in
abeyance till final disposal of the said Writ Petition No.526 of 2015 and
in connection where of a Transfer Petition No.215 of 2018 is pending
before the Hon'ble Supreme Court of India.
8. In brief, it is contention of the plaintiff that this is the
Notice of Motion Application filed by the defendant to stay the present
suit. Previous three Notice of Motions filed by the defendants have
been dismissed. This suit is filed by plaintiff for specific performance of
the Indenture of Lease. The Writ Petition No.526 of 2015 filed by the
defendant challenging the the validity of the Validation Act is different
and not related with this suit. It is settled law that till the Act “The
Textile Undertakings (Nationalization) Laws (Amendment and
Validation) Act, 2014 is set aside, it is a valid law.
9. Perused Noticie of Motion No.2495 of 2015. It was filed by
defendant to stay this suit till disposal of Civil Revision Application
preferred by plaintiff in the Hon'ble High Court bearing No.617 of 2008
against the order passed by the First before the Court of Small Causes
on 15.09.2007 in Appeal No.88 of 2007. The said Notice of Motion is
dismissed on 02.05.2012.
10. Perused Notice of Motion No.4437 of 2016. Defendant had
taken out the said Notice of Motion to frame and decide the preliminary
issue regarding res-judicata, Limitation and for want of cause of action.
The said Notice of Motion is dismissed on 15.07.2017.
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11. Perused Plaint. This suit is filed for specific performance of
the Indenture of Lease. Therefore, in the facts and circumstances I am
of the opinion that there is no need to stay and /or to keep in abeyance
this suit till final disposal of the Writ Petition No.526 of 2015 filed by
the defendant in the Hon'ble Bombay High Court and in connection
where of a Transfer Petition Civil No.215 of 2018 filed by defendant is
pending before the Hon'ble Supreme Court of India as prayed for.
Hence, I record my findings to point Nos.1 in the negative and point
No.2 the Notice of Motion is rejected as per final order. Hence
following order:
ORDER
1. Notice of Motion No. 382 of 2019 is hereby dismissed.
2. Costs in cause.
( SHANKAR G. BORLEPWAR )
Judge, (C.R.No.20)
Dt.: 07/03/2020 City Civil Court, Gr. MUMBAI
Dictated on : 07/03/2020.
Due to Covid-19 lockdown, the
Court was not functioning and
therefore Transcribed on : 15/05/2020.
Due to Covid-19 lockdown, the
Court was not functioning and
therefore Checked on : 12/06/2020.
Due to Covid-19 lockdown, the
Court was not functioning and
therefore Signed on : 12/06/2020.
( SHANKAR G. BORLEPWAR )
Judge, (C.R.No.20)
City Civil Court, Gr. MUMBAI
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“CERTIFIED TOBE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER”
Due to Covid-19 lockdown, the
Court was not functioning and
therefore upload on
13.06.2020 at 02.45 p.m.
UPLOAD DATE AND TIME
(VARSHA U. PAWAR)
NAME OF STENOGRAPHER
Name of the Judge HHJ SHRI S. G.
BORLEPWAR
(COURT ROOM NO.20)
Date of pronouncement of judgment/order 07.03.2020
Judgment/order signed by P.O. on 12.06.2020
Judgment/order uploaded on 13.06.2020
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