Order 1

Order Details: Notice of Motion
Pdf Text: Draft N/m in Suit No. 355/2020. 1 Order.
IN THE BOMBAY CITY CIVIL COURT AT BOMBAY.
DRAFT NOTICE OF MOTION
IN
LONG CAUSE SUIT NO. 355 OF 2020
(CNR NO. MHCC01-001346-2020)
J. B. Metal Industries Pvt. Ltd. ...Plaintif
Versus
The Municipal Corporation of Greater Bombay
and another ...Defendants
CORAM : SHRI G.G.BHANSALI.
(C.R.NO.11).
DATE : 18th FEBRUARY, 2020.
Mr. Hardik Desai, Advocate for Plaintif.
Mrs. Tondwalkar, Advocate for Defendants / MCGM.
ORDER
Plaintif has challenged the speaking order dated
24/01/2020. Ld. Advocate Hardik Desai for plaintif submits
that notice dated 03/01/2020 was not received to plaintif,
therefore no reply was given by the plaintif. However,
according to MCGM, notice was duly served on representative
of plaintif, it bear endorsement of recipient dated 04/01/2020
received for J.B.Metal. It appear to be signature of Mr.
Raghunath.
2. It is disputed by ld. Advocate Hardik Desai for
plaintif that, there is no staf of plaintif namely Mr.
Raghunath.
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Draft N/m in Suit No. 355/2020. 2 Order.
3. It is submitted on behalf of plaintif that after
receipt of copy of speaking order, plaintif has submitted a
reply on 30/01/2020. Previously plaintif frm namely M/s.
Rama Foundary was run by Mr. Ramchand Bajaj and Arjandas
Kashyap. It was separated by agreement dated 18/06/1982,
whereby 50% share was given to each. There is a sketch on
Page No.26 of the plaint in respect of partition in original
premises. There is occupation certifcate issued by MCGM on
29/04/1977.
4. It appear that there is a dispute in respect of
service of notice dated 03/01/2020. Obviously, the reply
dated 30/01/2020 was not refected in speaking order. To the
extent of existing structure, plaintif has submitted numerous
photographs. The First Inspection Report dated 03/01/2020 is
fled on record by MCGM alongwith various photographs on
Page No. 9 and 11 vide Exh.2. Therefore, no question would
arise to abuse the order of status-quo. Hence the order :
- ORDER -
1. Both side to maintain status-quo, as shown in
various photographs vide Exh.2.
2. MCGM to consider reply of plaintif dated
30/01/2020 and proceed for fresh speaking order.
3. If fresh speaking order is in adverse, no coercive
action will be initiated against the plaintif for the
period of 10 days from the service of order to the
plaintif.
4. MCGM to submit reply / W.S. to proceed for detail
order on notice of motion.
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Draft N/m in Suit No. 355/2020. 3 Order.
5. Plaintif to register the notice of motion at the
earliest.
(G.G.BHANSALI)
Judge,
City Civil & Sessions Court,
Date : 18/02/2020. Mumbai.
1. Dictated on : 17/02/2020.
2. Transcribed on : 18/02/2020.
3. Signed on : 18/02/2020.
4. Delivered to Certifed :
Copy Section on
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER”
UPLOAD DATE AND TIME NAME OF STENOGRAPHER
18/02/2020. 4.33 p.m. Miss M.A.Kulkarni
Name of the Judge (with Court Room no.) HHJ Shri G.G.Bhansali.
(Court Room No.11).
Date of Pronouncement of
Judgment/Order
18/02/2020.
Judgment/Order signed by P.O. on 18/02/2020.
Judgment/Order uploaded on 18/02/2020.
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