Interim Order 1

Order Details: Order below exhibit
Pdf Text: IN THE BOMBAY CITY CIVIL COURT AT BOMBAY
ORDER BELOW EXHIBIT NO.6
IN
L. C. SUIT NO. 504 OF 2020
Sunil Bhagat ... Plaintiff
V/s.
Designated Officer, Asst. Engr.
(B & F), F/NWard, MCGM & Anr. ... Defendants
CORAM : HER HONOUR JUDGE
SMT. S.G. SHAIKH
CITY CIVIL COURT
GR.MUMBAI ( C.R.NO.06)
DATE : 10/02/2022
Adv.Ms. Indira Labde for the plaintiff.
Adv. Ms. Meena Dhuri for the defendants.
ORAL ORDER
1. This application is taken out by the plaintiff for
continuation of adinterim reliefs granted by this Court vide order dated
17.02.2020 in unregistered Notice of Motion till next date as the said
interim relief order was not continued on 14.01.2021 and 09.03.2021.
Thereafter, due to pandemic lockdown imposed and courts were not
functioning. In this background, plaintiff prayed for continuation of ad
interim relief granted on 17.02.2020 in unregistered Notice of Motion.
2. The Defendants/BMC has strongly objected to continue the
earlier order in suit.
3. Perused the application and reply of the Defendants/ BMC.
Heard advocates for the parties at the length.
4. It is contended by the plaintiff that adinterim order was
granted in his favour on 17.02.2020 and it was continued till
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2 L.C. Suit 504/2020 Order Below Exh.6
25.06.2020. Due to Covid19 restriction the ad interim relief granted
was not continued till next dates. Therefore, the plaintiff prayed for
continuation of interim order dated 17.02.2020.
5. Considering the submissions made by the advocates of the
plaintiff and the defendant, this Court holds that as due to pandemic
the ad interim relief was not extended from time to time. Thereafter,
there was regular working of the court but nor the plaintiff or his
advocate prayed for extension of the ad interim relief. The plaintiff was
supposed to attend the court in absence of his Advocate as it was urgent
matter and litigants in urgent matters were allowed to enter into the
Court. But considering the reason given by the plaintiff the interim
order dated 17.02.2020 shall be continued till next date.
6. In these backgrounds, the application deserves to be
allowed in the interest of justice subject to costs of Rs. 3000/ which
shall be deposited with District Legal Services Authority (DLSA),
Mumbai. Hence, order.
ORDER
1. Application Exhibit No.6 is allowed.
2. Interim order dated 17.02.2020 shall continue till next date
in the interest of justice subject to costs of Rs.3000/ which
shall be deposited with District Legal Services Authority
(DLSA), Mumbai today itself.
3. Application Exhibit No.6 is disposed off.
(Smt. S.G.Shaikh)
Date 10/02/2022 Judge,City Civil Court,
Gr.Mumbai.
Dictated on : 10/02/2022
Typed on : 10/02/2022
Signed on :
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3 L.C. Suit 504/2020 Order Below Exh.6
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER.”
10/02/2022 04.00 p.m. ( Mayuresh P. Tathe)
UPLOAD DATE AND TIME NAME OF STENOGRAPHER
Name of the Judge (With Court
room No.)
HHJ Smt. S. G. Shaikh (C.R.No.06)
Date of Pronouncement of
JUDGMENT/ORDER
10/02/2022
JUDGMENT/ORDER signed by
P.O.on
10/02/2022
JUDGMENT/ORDER uploaded on 10/02/2022
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