Final Order 2

Order Details: Notice of Motion
Pdf Text: NM 584/2019 In Suit No. 433/2019 1 Date: 28.07.2025
MHCC010015112019
IN THE BOMBAY CITY CIVIL COURT, AT MUMBAI
NOTICE OF MOTION NO. 584 OF 2019
IN
S.C.SUIT NO. 433 OF 2019
STAMP NO.1633 OF 2019
Vishwanath N. Shetty & Anr. … Plaintiffs
V/s.
Shashikala S. Rai … Defendant
Appearance
Learned Adv. D. T. Raut for the plaintiff.
None for the defendant.
CORAM : HHJ P. G. Bhosale
(C.R.NO. 62)
Date : 28 th July, 2025
O R D E R
1. The plaintiffs have filed this notice of motion, with a prayer to
restrain the defendant from creating any third party interest or rights
in the suit premises.
2. The defendant has filed her reply on this notice of motion and
strongly opposed it.
3. The advocate for plaintiffs submitted that the plaintiffs had
executed an agreement for eleven months for ten terms from
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NM 584/2019 In Suit No. 433/2019 2 Date: 28.07.2025
18.04.2014 till 17.06.2022 with the defendant. The defendant had
given her Bar and Restaurant on rent to the plaintiffs as per the rent
agreement. The plaintiffs took the possession of the Bar and
Restaurant, renovated the premises, incurred huge expenses for the
renovation of the suit premises (Bar and Restaurant). The plaintiffs
had paid security amount/deposit of Rs.10.00 lakhs to the defendant.
The plaintiffs took the possession of the suit premises and started
their business in it. They paid regularly the compensation amount to
the defendant as per the agreement. However, there were some
disputes between the plaintiffs and the defendant, due to the non-
payment of the amount of the liquor distributors and violation of
certain licence rules. There was some default in payment of
compensation to the defendant. The plaintiffs had incurred some
major repair expenses of the suit premises. Due to these disputes, the
defendant issued a notice of termination of rent agreement on
01.11.2018 to the plaintiffs. The defendant took the possession of the
suit premises since 01.02.2019. Now the defendant is in possession of
the suit premises. It is reported that the defendant has already let the
premises to some third party. Some third party is in the possession of
the suit premises and carrying on his business in it.
4. As the suit premises are already let to third party in the year
2019, as the nature of the suit premises is already changed in these
five years, no purpose would be served by directing the defendant to
maintain “status quo” in respect of the suit premises in the year 2025.
There is dispute about the payment of liquor suppliers to the bar and
restaurant. The defendant states that she has paid the outstanding
dues of the liquor suppliers. She also stated that the electricity
charges of the bar and restaurant were not paid. She has paid more
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NM 584/2019 In Suit No. 433/2019 3 Date: 28.07.2025
amount than the security deposit kept by the plaintiffs with her. Thus
the plaintiffs have not come with clean hands before the court. The
plaintiffs have other legal remedies to recover their disputed amounts
/ security amounts from the defendant. There is no prima facie case
in favour of the plaintiffs, the balance of convenience does not lie in
their favour. No irreparable loss will be caused to the plaintiffs, if this
notice of motion is dismissed. The interim order or injunction order,
“status quo” orders can not be passed against the defendant at this
belated stage after more than five years, when she has already given
the bar and restaurant on rent to third party. The defendant has
already terminated the rent agreement of the year 2014 with the
plaintiffs and they have already vacated the suit premises. The notice
of motion has become infructuous. So, the notice of motion is
dismissed. Accordingly, I pass the following order :
Order
The Notice of Motion No. 584 of 2019 is dismissed and accordingly
disposed off.
Date : 28.07.2025 (P. G. Bhosale)
Judge,
City Civil Court,
Directed dictated on : 28.07.2025 Mumbai
checked on : 28.07.2025
Signed on : 28.07.2025
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NM 584/2019 In Suit No. 433/2019 4 Date: 28.07.2025
CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER”
28.07.2025 Mrs. R.R.Hate
UPLOAD DATE AND TIME NAME OF STENOGRAPHER
Name of the Judge(with CR No.) HHJ SHRI P. G. BHOSALE
(C.R.No.62)
Date of pronouncement of Order 28.07.2025
Order signed by P.O. on 28.07.2025
Order uploaded on 28.07.2025
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