Interim Order 1

Order Details: Notice of Motion
Pdf Text: Draft NM. : 1 : L.C.Suit .No.225/2018
IN THE BOMBAY CITY CIVIL COURT AT GREATER BOMBAY
DRAFT NOTICE OF MOTION
IN
L.C.SUIT NO. 225 OF 2018.
Shtru T. Kunchikorve & Ors .. } .. Plaintiff.
Versus.
The Designated Officer,
Asstt. Engineer (Bldg. & Factory) }
Office of F/North Ward & Ors.. } .. Defendants.
Ld. Advocate Mr. P.D.Gandhy for the Plaintiff.
Ld. Advocate Mr.Sutar h/f. Mrs. Chavan for Defendant /BMC.
CORAM : HIS HONOUR JUDGE
SHRI. G.B.GURAO
DATE : 07 TH FEBRUARY, 2018.
(Court Room No.06)
O R D E R
1. Plaintiff has taken out this draft notice of motion to restrain the
defendant/Corporation, its officers or anybody on behalf of defendant
from taking any action pursuant to the notice dated 23/09/2017 and
order dated 15/01/2018.
2. Facts of the present case in brief are as under :
Plaintiff is the Lessee of the suit premises. Suit premises is situate
in Sindhi Colony, Sion (W), Mumbai bearing lock No. 16A/1 and
16A/2. Defendant/Corporation is the owner of the suit premises and
Lessor of the plaintiff. The usual documents are executed between the
plaintiff and defendant. the suit premises consist ground plus 1 upper
and part second floor structure. Plaintiff is in occupation of the same
since last several years. However, Corporation issued notice to the
plaintiff dated 23/09/2017 to remove the structure. Plaintiff replied
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Draft NM. : 2 : L.C.Suit .No.225/2018
the same. But Corporation did not consider the documents of plaintiff
and passed order dated 15/01/2018 and thereby directed to demolish
the notice structure. It is alleged that plaintiff paid the taxes of the
same. Plaintiff has taken electric supply in the suit premises. Thus,
prayed to grant adinterim relief.
3. Notice served on the defendant. The defendant filed an affidavit
of its officer Vikram Somwanshi and also documents.
4. I have heard Shri. P. D. Gandhy advocate for plaintiff and Smt.
Valvi advocate for defendant/Corporation.
5. I have perused the documents on record.
6. The defendant has given notice to plaintiff to demolish the
structure. The structure is the suit premises. It is to be noted that from
the perusal of tax receipt, it reveals that the suit premises consist one
first floor as described in the plaint. The plaintiff has also taken electric
connection in the suit premises. Defendant asked plaintiff to furnish the
documents. However, it is to be noted that the defendant is the Lessor
and owner of the suit premises. Therefore, the entire documents must
have available with the defendant except the notice order and
inspection report. Defendant did not produce any other documents.
There are triable issues between the parties. Hence, in such a
circumstances, I find that plaintiff deserves the relief of adinterim.
Therefore, the following order :
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Draft NM. : 3 : L.C.Suit .No.225/2018
O r d e r
1. Defendant, its agents, servants or anybody on behalf of
defendant are hereby restrained from taking any action on the basis of
impugned notice and order till next date
2. Draft Notice of Motion be registered.
Date : 07.02.2018. (G.B.Gurao)
Judge,
City Civil Court, Gr. Bombay.
Dictated on : 07.02.2018
Typed on : 07.02.2018
Signed by HHJ. : 07.02.2018
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Draft NM. : 4 : L.C.Suit .No.225/2018
“ CERTIFIED TO BE TRUE AND CORRECT COPY OF THE
ORIGINAL SIGNED JUDGMENT/ORDER.”
07.02.2018 /4.30 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
07.02.2018
JUDGEMENT/ORDER signed
by P.O. on
07.02.2018
JUDGEMENT/ORDER
uploaded on
07.02.2018 .
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