Order 1

Order Details: Notice of Motion
Pdf Text: 1 NM 438-18 in Suit No. 2515-17
CNR NO.MHCC010017332018
IN THE COURT OF CITY CIVIL FOR GREATER BOMBAY
AT BOMBAY
NOTICE OF MOTION NO. 438 OF 2018
IN
L.C. SUIT NO. 2515 OF 2017
Vijay Nagindas Acharya ......Plaintiff
V/s.
Municipal Corporation of Greater Mumbai & Ors. ..... Defendants
Coram : Sanjay N. Yadav, Judge
(Court Room no. 05)
Date : 20th September, 2019
Appearance:
Ld. Adv. Mr. Yogesh Palve for plaintiff.
Ld. Adv. Mr. Patil for defendant/MCGM.
ORDER
1. Plaintiff by this Notice of Motion seeks temporary injunction
restraining the defendant from implementing order dated 16.09.2017
and demolishing ground floor of Mithaiwala Building.
2. Heard Ld. advocate for the plaintiff and Ld. advocate for the
defendant.
3. It is the contention of the plaintiff that the Technical Advisory
Committee had opined and advised to demolish the suit building. The
upper floor above the ground floor are already demolished. It is the
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2 NM 438-18 in Suit No. 2515-17
case of the plaintiff that the recent report of the structural audit points
out that ground floor need not be demolished.
4. Ld. advocate for the Corporation argued that in the light of
Report of Technical Advisory Committee the floors above the ground
floor are demolished. The plaintiff is not entitled for any injunction in
the light of finding of Technical Advisory Committee which had
attained finality.
5. Technical Advisory Committee in its findings had opined that the
building is not fit for human habitation and in order to prevent any
untoward incident to the neighbouring residents and passersby, it is
advisable to evacuate the occupied shops and to demolish the structure.
Plaintiff on the other hand contends alternate accommodation
suggested is not suitable for him.
It needs to be noted that findings of Technical Advisory
Committee have attained finality. Technical Advisory Committee is a
committee of expert which looks into the structural audit report and
independently gave opinion relating to the structure's in ruinous
condition. Technical Advisory Committee had observed that the suit
building is not fit for residence and needs immediate evacuation. The
findings of Technical Advisory Committee as a whole has to be looked
into the building the whole has to be demolished and not excluding
ground floor.
At present there is nothing to indicate that the findings of
Technical Advisory Committee are reconsidered by the Technical
Advisory Committee.
Considering the facts and circumstances, it cannot be said that
plaintiff has made out primafacie case. The balance of convenience
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3 NM 438-18 in Suit No. 2515-17
does not lies in favour of the plaintiff. The plaintiff would not be put to
irreparable loss, if the temporary injunction is refused. In the result,
following order is passed.
ORDER
The Notice of Motion No. 438 of 2018 is dismissed.
(Sanjay N. Yadav)
Judge,
Date : 20.09.2019 City Civil Court, Mumbai.
Dictated on : 20.09.2019
Transcribed on : 21.09.2019
Signed by HHJ on : 24.09.2019
CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER.”
UPLOAD DATE AND TIME : 25.09.2019 at 11.30 a.m.
NAME OF STENOGRAPHER : Mrs. Aparna V. Lele
Name of the Judge
(With Court Room no.)
HHJ Shri. Sanjay N. Yadav
C.R. no. 05
Date of Pronouncement of
JUDGMENT/ORDER
20.09.2019
JUDGMENT/ORDER signed by P.O.
on
24.09.2019
JUDGMENT/ORDER uploaded on 24.09.2019
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