Interim Order 1

Order Details: Notice of Motion
Pdf Text: Draft NM....2018 : 1 : SU.No.177/2018
IN THE BOMBAY CITY CIVIL COURT AT GREATER BOMBAY
DRAFT NOTICE OF MOTION....2018.
IN
L.C. SUIT NO. 177 OF 2018
Mrs. Bhagyawanti Ashokkumar Gowani & Ors.. .. Plaintiff.
Versus.
Designated Officer,
Asst. Engineer (B & F)
"G/S" Ward,MCGM & Ors.. .. Defendants.
Ld. Advocate Mr. P.D.Gandhi for the Plaintiff.
Ld. Advocate Mr. Divate for the Defendant/BMC.
CORAM : HIS HONOUR JUDGE
SHRI. G.B.GURAO
DATE : 24th JANUARY, 2018.
(Court Room No.06)
O R D E R
1. Plaintiff has taken out this notice of motion for adinterim
injunction, restraining the defendants their servants, agents,
representative or any persons on behalf of them, taking any action
pursuant to the notice bearing No. ACGS/822/SR/BF dated
04/01/2018.
2. I have perused the plaint.
3. Heard Mr. P.D.Gandhi advocate for the Plaintiff and also Mr.
Divate advocate for the Defendant/BMC
4. Mr. P.D.Gandhy, advocate for plaintiff has submitted that in the
same matter, the Hon'ble High Court has granted interim relief to the
plaintiff and the matter is kept on 26/02/2018. Mr. Divate advocate for
Defendant/BMC has opposed the contention and submitted that short
time may be given.
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Draft NM....2018 : 2 : SU.No.177/2018
5. Plaintiff apprehends the demolition by the defendants. The
notice mention that to remove the irregularities if any and restore the
structure as per latest approved plan issued by Competent Authority i.e.
Executive Engineer City or any other authority within 15 days from the
receipt of this letter and failing which, the same will be demolished by
the defendant.
6. I have perused the order of Hon'ble High Court. The Hon'ble
High Court has directed respondent not to take any coercive action.
Hence, in view of this submissions and the order of Hon'ble High Court,
I pass the following order :
O r d e r
1. Defendant/Corporation is directed not to take
any coercive action till 30/01/2018.
2. Leave is granted to register the draft Notice of
Motion.
(G.B.Gurao)
Judge,
City Civil Court, Gr. Bombay.
Dictated on : 24.01.2018
Typed on : 24.01.2018
Signed by HHJ. : 24.01.2018
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Draft NM....2018 : 3 : SU.No.177/2018
“ CERTIFIED TO BE TRUE AND CORRECT COPY OF THE
ORIGINAL SIGNED JUDGMENT/ORDER.”
25.01.2018 /04.30 p.m. Mr. S.D.Nalawade
UPLOAD DATE AND TIME NAME OF STENOGRAPHER
(H.G.)
Name of the Judge (with
Court Room No.)
Shri. G.B.Gurao
(CR.No.06)
Date of Pronouncement of
JUDGEMENT/ORDER
24.01.2018
JUDGEMENT/ORDER signed
by P.O. on
25.01.2018
JUDGEMENT/ORDER
uploaded on
25.01.2018
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