Interim Order 1

Order Details: Notice of Motion
Pdf Text: 1 NM 487-20 in SU No. 612-2015
CNR NO.MHCC01-001211-20
IN THE COURT OF CITY CIVIL FOR GREATER BOMBAY
AT BOMBAY
NOTICE OF MOTION NO. 487 OF 2020
IN
L.C. SUIT NO. 612 OF 2015
Hastimal Pannalal Kataria & Ors. ....Plaintifs
Versus
The Municipal Corporation of Gr. Mumbai
& Ors. ..... Defendants
Coram : Sanjay N. Yadav, Judge
(Court Room no. 05)
Date : 30th January, 2020.
Appearance:
Ld. Adv. Mr. A.R.Pande for plaintifs.
Ld. Adv. Mr. Nandanwar for defendant/MCGM.
ORDER
1. Heard Learned Advocate for the plaintif and Learned
Advocate for the defendant corporation.
2. The Order on Notice of Motion bearing No. 593/2015 was
challenged by the plaintif by preferring the Appeal from Order
No. 477/2015. The Appeal from Order was disposed of as
withdrawn.
In the order, it was directed by Hon'ble High Court that
Notice of Motion No. 950 of 2015 in L.C. Suit No. 612 of 2015,
which is pending be disposed of by this Court by giving
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2 NM 487-20 in SU No. 612-2015
opportunity to both the parties to the application on merits
and in accordance with law, within a period of 12 weeks from
today. The order of status-quo was continued till the decision
of notice of motion.
3. The Notice of Motion bearing No. 950/2015 is dismissed
by this Court on 02.02.2019 for want of prosecution. The suit
is also dismissed for want of prosecution.
The plaintif now had moved new Notice of Motion No.
487/2020, seeking to restore the Notice of Motion No.
950/2015 and to restore the L.C. Suit No. 612/2015. It is the
case of the plaintif the he was ruined of in the business and ill
health could not communicate with his Advocate. It is prayed
that the notice of motion be restored.
4. It is contended that notice is issued under Section 488 of
the MMC Act by corporation on 25.01.2020. It is no doubt to
true the plaintifs appears to be negligent in prosecute the
notice of motion which was ultimately dismissed for want of
prosecution. Now the notice is issued to the plaintifs under
Section 488 of the MMC Act by the defendant corporation.
The plaintifs apprehends that the corporation may take
coercive action. It seems that no action is taken against the
notice structure till date by the corporation after dismissal of
the suit.
5. In interest of justice it would be appropriate to restore
the Suit and notice of motion and decide the Notice of Motion
bearing no. 950/2015 for interim injunction.
The plaintif is directed to deposit the cost of Rs. 15,000/-
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(Rs. Fifteen Thousand Only) with District Legal Services
Authority by Monday. In the result, following order is
passed.
ORDER
1. The Notice of Motion No. 487/2020 is allowed.
2. The L.C. Suit No. 612/2015 and Notice of Motion No.
950/2015 are restored.
3. The plaintif is directed to deposit the cost of Rs. 15,000/-
with District Legal Services Authority by Monday.
4. The Notice of Motion No. 950/2015 will be heard on
04.02.2020.
5. It is made clear that adjournment would not be granted on
any pretext.
6. In case of absence of Advocate, the notice of motion would
be decided on merits. The pleadings will be treated as
arguments.
7. The defendant corporation not to take coercive action in
respect of notice structure till 04.02.2020.
8. The Notice of Motion No. 487/2020 stands disposed of.
(Sanjay N. Yadav)
Judge,
Date : 30.01.2020 City Civil Court, Mumbai.
Dictated on : 30.01.2020
Transcribed on : 31.01.2020
Signed by HHJ on : 03.02.2020
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4 NM 487-20 in SU No. 612-2015
CERTIFIED TO BE TRUE AND CORRECT COPY OF THE
ORIGINAL SIGNED JUDGMENT/ORDER.”
UPLOAD DATE AND TIME : 04.02.2020 at 3.35 p.m.
NAME OF STENOGRAPHER : Mrs. K.S.Bhosale
Name of the Judge (With
Court Room no.)
HHJ Shri. Sanjay N. Yadav
C.R. no. 05
Date of Pronouncement of
JUDGMENT/ORDER
29.01.2020
JUDGMENT/ORDER signed
by P.O. on
03.02.2020
JUDGMENT/ORDER
uploaded on
04.02.2020
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