Interim Order 1

Order Details: Notice of Motion
Pdf Text: Draft NM. : 1 : SUIT NO.261/2018
IN THE BOMBAY CITY CIVIL COURT AT GREATER BOMBAY
DRAFT NOTICE OF MOTION
IN
SUIT NO. 261 OF 2018.
M/s.Nirmiti Realties Private Limited...} .. Plaintiff.
Versus.
1. Designated Officer }
Asst. Engineer (Bldg. & Fact.)II }
G/South Ward Office Building, }
N.M. Joshi Marg, Elphinstone, }
Mumbai 400 018 & Ors... } .. Defendants.
Advocate Mr. P.D.Gandhy for Plaintiff.
Advocate Mrs. Valvi for Defendant /BMC.
CORAM : HIS HONOUR JUDGE
SHRI. G.B.GURAO
DATE : 15 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
defendants/Corporation from taking any action on the basis of
impugned notice and order.
2. According to the plaintiff, plaintiff is a Private Limited Company,
registered under the Companies Act. Plaintiff is the owner of entire
ground floor premises admeasuring 6885 Sq. ft. of carpet area on the
ground floor building known as "Orbit Plaza". Plaintiff became owner
of the suit premises by virtue of registered Sale Deed dated
29/04/2008. Plaintiff has abided all the rules and regulation.
However, the Corporation issued notice to plaintiff on 17/11/2017 to
remove the structure as mentioned in the notice. In fact, the said
structure is not done by the plaintiff and there is no irregularities.
Plaintiff has replied the notice but the Corporation did not consider the
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Draft NM. : 2 : SUIT NO.261/2018
reply. On 19/01/2018, Corporation passed the impugned order.
According to plaintiff, the said notice is badinlaw and illegal.
therefore, prayed to grant adinterim protection.
3. Notice is served on the defendant/Corporation.
4. I have heard Mr. P.D.Gandhy advocate for plaintiff and Mrs.
Valvi advocate for defendant/Corporation.
5. I have perused documents on record. It appears that plaintiff has
complied all the rules and regulations. Plaintiff has obtained the
necessary permissions from the Competent Authorities. The impugned
notice states to remove unauthorized AHU Units and erection of
plywood/glass full height cabins cabins at Ground floor. Further, it is
to be noted that the said erection is internal erection. In the similar
nature of suits, my Ld. Predecessor granted adinterim injunction in
favour of plaintiff. Therefore, in view of the facts and circumstances of
the case and also as per the principles of parity, plaintiff is entitled for
adinterimrelief. Hence, I pass the following order :
O r d e r
1. The defendant, their agent, servant or anybody
on behalf of them are hereby restrained from
taking any action on the basis of impugned notice
and order till next date.
2. Notice of motion be registered.
Date : 15.02.2018. (G.B.Gurao)
Judge,
City Civil Court, Gr. Bombay.
Dictated on : 15.02.2018
Typed on : 15.02.2018
Signed by HHJ. : 15.02.2018
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Draft NM. : 3 : SUIT NO.261/2018
“ CERTIFIED TO BE TRUE AND CORRECT COPY OF THE
ORIGINAL SIGNED JUDGMENT/ORDER.”
15.02.2018 /5.30 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
15.02.2018
JUDGEMENT/ORDER signed
by P.O. on
15.02.2018
JUDGEMENT/ORDER
uploaded on
15.02.2018 .
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