Final Order 1

Order Details: Notice of Motion
Pdf Text: NM 530-2019 in S.C.Suit no.2279 OF 2012
1 Date :18.02.2020
IN THE BOMBAY CITY CIVIL COURT FOR GREATER MUMBAI
NOTICE OF MOTION NO. 530 OF 2019
IN
S.C. SUIT NO. 2279 OF 2012
(CNR MHCC01-001376-2019)
Pramila Sumansingh Thakur. .. Plaintiff
Versus
New India Co-operative Bank Ltd. .. Defendant
Appearances :-
Ld. Adv. Vatsal Shah i/b MMK Law Associates for defendant no.1.
Coram : His Honour Judge
Shri. A.H.Laddhad
Judge
CR No. : 07
Date : 18.02.2020
ORDER
1. The plaintiff has filed instant Notice of Motion seeking
following reliefs :
a. The present Notice of Motion kindly be allowed.
b. The plaintiff be allowed to register the Deed of
Assignment dated 23.08.2007 by executing a unilateral
declaration on making necessary payment of stamp duty,
registration charges and incidental expenses alongwith
fine if any for the said registration and the defendant be
directed to pay the aforesaid expenses to the plaintiff
with 18% interest p.a. till the realization of the payment
after the final decision of the present suit.
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NM 530-2019 in S.C.Suit no.2279 OF 2012
2 Date :18.02.2020
c. The defendant be ordered and directed to appoint an
officer to execute and register an affidavit / Deed of
Confirmation before the Competent Authority in respect
of Assignment of the suit property in support of the
unilateral declaration by the plaintiff.
d. Pending the hearing and final disposal of the suit interim
reliefs with respect to prayer clause (b) and (c) be kindly
granted.
e. Any other just and equitable orders in the interest of
justice, as the Hon’ble Court deems fit and proper, kindly
be granted.
2. It is contended by the plaintiff that she is in possession of
suit property by way of Deed of Assignment dated 23.08.2007. It
is submitted by the plaintiff that, as per Clause 7 of the Deed of
Assignment, the defendant is duty bound to execute and to bear
registration charges, stamp duty and other incidental charges.
Inspite of repeated requests, the defendant failed to register the
Assignment Deed. Therefore, the penalty on the said Assignment
Deed is increasing day by day. It is contended by the plaintiff that,
she is unable to manage the suit property in the absence of
registered Assignment Deed. Therefore, she is seeking for
unilateral registration of the Assignment Deed. Therefore, she has
filed present Notice of Motion.
3. The Notice of Motion is opposed by the defendant by filing
its say. The defendant denied the execution of the Assignment
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NM 530-2019 in S.C.Suit no.2279 OF 2012
3 Date :18.02.2020
Deed in favour of the plaintiff. The defendant raised an issue of
limitation and contended that, the claim of the plaintiff is barred
by limitation. Hence, the defendant prayed for dismissal of Notice
of Motion.
4. Heard both the sides. Perused Notice of Motion, reply and
pleadings of the plaint. The plaintiff has filed suit seeking
mandatory injunction against the defendant to register the Deed of
Assignment and also to bear the expenses of registration charges,
stamp duty and other incidental charges. The plaintiff had filed
Chamber Summons No. 244 of 2019, thereby, prayed for
amendment in the plaint with respect of unilateral registration of
Assignment of Deed. In my view, the plaintiff is claiming final
relief at interim stage which is not permissible in law. Hence,
Notice of Motion needs to be dismissed. Thus, I proceed to pass
the following order :
ORDER
1. Notice of Motion No. 530 of 2019 is hereby dismissed.
2. Parties to bear their own cost.
3. Notice of Motion No. 530 of 2019 is disposed off accordingly.
(A.H.Laddhad)
Judge,
City Civil and Sessions Court,
Dated : 18.02.2020 Greater Bombay.
Dictated on : 18.02.2020 to other steno
Typed on : 23.11.2020
Draft Submitted on : 23.11.2020
Checked on : 23.11.2020
Signed on : 23.11.2020
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NM 530-2019 in S.C.Suit no.2279 OF 2012
4 Date :18.02.2020
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL SIGNED
JUDGMENT/ORDER.”
23/11/2020 at 1.55 p.m. (Ms. V.V.Sawant)
UPLOAD DATE AND TIME NAME OF STENOGRAPHER
Name of the Judge (With Court room
no.)
Shri A.H.LADDHAD
(C.R. No.7)
Date of Pronouncement of
JUDGMENT/ ORDER
18/02/2020
JUDGMENT/ORDER signed by P.O.
on
23/11/2020
JUDGMENT/ORDER uploaded on 23/11/2020
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