Order 1

Order Details: Notice of Motion
Pdf Text: Draft NM. : 1 : L.C.Suit .No.408/2018
IN THE BOMBAY CITY CIVIL COURT AT GREATER BOMBAY
DRAFT NOTICE OF MOTION
IN
L.C.SUIT NO. 408 OF 2018.
Mr.Harjeet Singh Gandhi.,.. } .. Plaintiff.
Versus.
Municipal Corporation of Gr. Mumbai, } .. Defendants.
Ld. Advocate Mr. Sandip Ghogare for the Plaintiff.
Ld. Advocate Mr. Sutar for Defendant /BMC.
CORAM : HIS HONOUR JUDGE
SHRI. G.B.GURAO
DATE : 16 TH FEBRUARY, 2018.
(Court Room No.06)
O R D E R
1. Plaintiff has taken out this draft notice of motion to restrain the
defendant/Corporation from taking any action on the basis of notice
dated 07/02/2018.
2. According to the plaintiff, plaintiff is in occupation of the suit
premises. Initially, the defendant/Corporation had given notice to
plaintiff U/sec.351 of the MMC Act. Plaintiff had filed suit bearing
No.3430 of 2004 before this Court. The said suit was dismissed.
Plaintiff had filed an appeal to the Hon'ble High Court. The appeal is
also dismissed. Thereafter plaintiff has removed the irregularities. The
proposal of plaintiff for change of user is pending in the office of
defendant/Corporation. However, defendant/Corporation issued a
notice and due to this, plaintiff apprehends of demolition of the suit
premises. Hence, prayed to grant adinterimrelief.
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3. Notice is served to defendant/ Corporation.
4. I have heard Shri. Sandip Ghogare advocate for plaintiff and
Shri. Sutar advocate for defendant/Corporation.
5. Advocate Shri. Ghogare invited my attention towards the
documents on record. According to him, plaintiff has removed all the
irregularities as per the previous notice U/sec.351 of the MMC Act.
Now, the proposal of plaintiff for change of user is pending. The notice
in question is vague. Hence, he prayed to grant interim relief.
6. Shri. Sutar advocate for defendant/Corporation submitted that
the plaintiff has made irregularities. Hence, no protection can be given
to plaintiff.
7. I have perused the documents. It is to be noted that the notice
dated 07/02/2018 is not U/sec.351 of the MMC Act. The notice is
vague and only states to remove unauthorized work immediately,
without specifying the said work. It is to be noted that plaintiff has
removed all the irregularities as per the earlier notice U/sec.351 of
MMC Act. Therefore, now it prima facie appears that there are no
irregularities. Hence, in such a circumstances, plaintiff is entitled for
adinterimrelief. Therefore, I pass the following order :
O r d e r
1. Defendants, its officers, agents, servants or
anybody on behalf of defendant are hereby
temporarily restrained from taking any action on
the basis of impugned notice till next date.
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Draft NM. : 3 : L.C.Suit .No.408/2018
2. Leave is granted to register the draft notice of
motion.
Date : 16.02.2018. (G.B.Gurao)
Judge,
City Civil Court, Gr. Bombay.
Dictated on : 16.02.2018
Typed on : 16.02.2018
Signed by HHJ. : 16.02.2018
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Draft NM. : 4 : L.C.Suit .No.408/2018
“ CERTIFIED TO BE TRUE AND CORRECT COPY OF THE
ORIGINAL SIGNED JUDGMENT/ORDER.”
16.02.2018 /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
16.02.2018
JUDGEMENT/ORDER signed
by P.O. on
16.02.2018
JUDGEMENT/ORDER
uploaded on
16.02.2018 .
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