Interim Order 1

Order Details: Notice of Motion
Pdf Text: Draft NM. : 1 : L.C.Suit .No.328/2018
IN THE BOMBAY CITY CIVIL COURT AT GREATER BOMBAY
DRAFT NOTICE OF MOTION
IN
L.C.SUIT NO. 328 OF 2018.
M/s. Delux Polymers Pvt. Ltd.,.. } .. Plaintiff.
Versus.
The Designated Officer2,
Asstt. Engineer (Bldg. & Factory)
G/South Ward2 & Anr.. } .. Defendants.
Ld. Advocate Mr. P.D.Gandhi for the Plaintiff.
Ld. Advocate Mr. R.G.Shatalwar a/w Mrs. Valvi for Defendant /BMC.
CORAM : HIS HONOUR JUDGE
SHRI. G.B.GURAO
DATE : 05 TH FEBRUARY, 2018.
(Court Room No.06)
O R D E R
1. Plaintiff has taken out this draft notice of motion, restraining the
defendants from taking any action as per the notice bearing No.
ACGS/867/SR/BF dated 04/01/2018.
2. According to the plaintiff, plaintiff is carrying business in the
given address. Defendant No. 1 is the Designated Officer of defendant
No. 2. Plaintiff has complied all the requisite formalities. Plaintiff has
also obtained licenses from the Competent Authorities. However,
defendant issued a notice dated 04/01/2018 and thereby directed to
remove irregularities if any, within fifteen days and restore the
construction/ structure according to latest plan. According to the
plaintiff, the notice is illegal and badinlaw. Hence, prayed to grant ad
interim injunction.
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Draft NM. : 2 : L.C.Suit .No.328/2018
3. Notice is served on the defendant.
4. I have heard Shri. P. D. Gandhy advocate for plaintiff and Shri.
R. G. Shatalwar advocate for defendant/corporation.
5. I have perused the impugned notice. In the impugned notice, the
corporation has directed the plaintiff to remove the irregularities within
fifteen days. However, no such specific irregularities are mentioned in
the notice. Notice is vague to that extent.
6. It is to be noted that in the similar matter Zahir Zenuddin
Merchant V/s. Designated Officer2 Assistant Engineer (Building and
Factory &Ors. in Appeal from Order (ST.) No 2265 OF 2018 WITH
CIVIL APPLICATION (ST.) No 2267 OF 2018 IN APPEAL FROM
ORDER (ST.) No 2265 OF 2018, Hon'ble High Court has directed the
defendant not to take any coercive action. Therefore, in view of the
submissions of both the parties and the order of Hon'ble High Court, it
is necessary to direct the defendants not to take any coercive action till
next date. Hence, the following order :
O r d e r
1. Defendant/corporation is directed not to take any coercive action
till next date.
2. Draft Notice of Motion be registered.
Date : 05.02.2018. (G.B.Gurao)
Judge,
City Civil Court, Gr. Bombay.
Dictated on : 05.02.2018
Typed on : 05.02.2018
Signed by HHJ. : 07.02.2018
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Draft NM. : 3 : L.C.Suit .No.328/2018
“ CERTIFIED TO BE TRUE AND CORRECT COPY OF THE
ORIGINAL SIGNED JUDGMENT/ORDER.”
07.02.2018 /4.30 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
05.02.2018
JUDGEMENT/ORDER signed
by P.O. on
07.02.2018
JUDGEMENT/ORDER
uploaded on
07.02.2018 .
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