Order 1

Order Details: Other
Pdf Text: Ad-Interim in Draft NM 1 L.C. Suit No.509/2020
(CNR NO. MHCC01-001974-2020)
IN THE BOMBAY CITY CIVIL COURT AT BOMBAY
AD-INTERIM ORDER
IN
DRAFT NOTICE OF MOTION
IN
L.C. SUIT NO. 509 OF 2020
Suyog Telematics Limited )
through its Director Mr. Shivshankar )
Lature, Age -44 years, whole time Director )
of Suyog Telematics Limited, having )
address at 41, Suyog Industrial Estate, )
1st Floor L.B.S. Marg, Vikhroli (West), )
Mumbai – 400 083. )...Plaintiff
V/s.
1. The Assistant Municipal Commissioner )
(Building and Factory Department), )
E-ward Office Building, Room No.28, )
2nd floor, Shaikh Hafizuddin Marg, )
Sakhali Street Byculla (West), )
Mumbai – 400 008. )
2. Designated Officer, )
The Asst. Engineer, )
(Building and Factory Department) )
E-ward office Building, Room No.28, )
2nd floor, Shaikh Hafizuddin Marg, )
Sakhali Street Byculla (West), )
Mumbai – 400 008. )
3. Mr. Mohammed Shahbaz Niyazi )
Age 37 years, G-2,3 Bharat Lokhand Bazar, )
Bapty Road, Dalal Estate, Kamathipura )
Parsuram Puppala Marg, Mumbai – 400 078)
....Defendants
APPEARANCE:-
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Ad-Interim in Draft NM 2 L.C. Suit No.509/2020
Ld. Adv. Mr. Asggar Kalim Ansari for the plaintiff.
Ld. Adv. Mrs. Vidya Vyavahare for the defendants/MCGM.
CORAM : HER HONOUR AD-HOC JUDGE
SMT. C.P. JAIN (C.R. NO.06)
DATED : 26th FEBRUARY, 2020.
ORAL ORDER
Read the notice of motion. Perused short reply. Heard both
the Ld. Advocates. Officer of Corporation Mr. Subhod Bamborde is
present. Perused the documents filed by both sides. Primafacie it
appears that prior to the issuance of impugned notice dated
30.01.2020, the present plaintiff had moved application for
regularization on 03.10.2019 to defendant No.2. Mr. Subhod Bamborde
officer of BMC has informed this court that there is no order passed on
the regularization application of plaintiff till this time. The plaintiff has
challenged the notice u/sec.55 of MRTP Act in this suit. He has no
document of permission as on today. However, prior to impugned
notice, he has moved for the regularization application on 03.10.2019.
It was expected from defendants to pass order & inform plaintiff & then
can take action. As no order is passed on same, primafacie issuance of
notice u/sec.55 of MRTP Act is not according to the rules of natural
justice.
2. Ld. Advocate for plaintiff has relied upon the observations
in the case of
Vijay Shankar Yadav V/s. MCGM and Others in W.P.(L)
No.672/2019 decided on 01.03.2019. In this cited case, similar were
the facts. The writ petition was disposed of by giving opportunity to
petitioner to make online application for regularization of his mobile
tower through licensed architect and imposing certain other directions.
As the factual matrix in cited case and in present case are similar, the
observations in the aforesaid citation can be applied in present case.
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Ad-Interim in Draft NM 3 L.C. Suit No.509/2020
3. In light of aforesaid discussion, I proceed with following
order -
ORDER
1. Defendants shall not proceed with any action in pursuance of
notice dated 30.01.2020 till plaintiff makes online application to
Building proposal special cell on portal auto DCR through
licensed architect within period of 3 weeks from today & the
same be decided within period of 3 weeks from the date of
making of application & the order passed by them is
communicated to plaintiff or his licensed architect.
2. If the order passed on the application for regularization is
adverse to plaintiff, defendants shall not initiate any action in
pursuance of notice dated 30.01.2020 till further period of 3
weeks from the date of communication of order to plaintiff or his
licensed architect.
3. If plaintiff fails to make any application for regularization within
the aforesaid stipulated time, defendants are at liberty to inform
this court and proceed ahead.
4. In light of aforesaid directions, ad-interim relief is granted in
favour of plaintiff till aforesaid stipulated time mentioned in
clause (1) & (2) of this order.
5. Plaintiff if makes application as directed above, he can inform the
court in this suit.
(C.P. Jain)
Ad-hoc Judge, (C.R.No.06)
Date : 26.02.2020 City Civil Court, Gr. Bombay
Dictated on :26.02.2020.
Transcribed on :26.02.2020.
Signed on :27.02.2020.
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Ad-Interim in Draft NM 4 L.C. Suit No.509/2020
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER.”
UPLOAD DATE AND TIME : 14.03.2020, 11.29 am.
NAME OF STENOGRAPHER : Mr. Harshal D. Jagtap
Name of the Judge (With Court
Room No.)
HHJ Smt. C.P. Jain
C.R. No.06
Date of Pronouncement of
JUDGMENT/ORDER
26.02.2020
JUDGMENT/ORDER signed by P.O.
on
27.02.2020
JUDGMENT/ORDER uploaded on 14.03.2020
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