Interim Order 1

Order Details: Notice of Motion
Pdf Text: 1 NM 84619 in St.153719
IN THE BOMBAY CITY CIVIL COURT AT MUMBAI
NOTICE OF MOTION NO.846 OF 2019
(CNR No.MHCC010022222019)
IN
Suit St.No.1537 OF 2019.
Pawan Heights Co.Op. Housing Society Ltd.,}...PLAINTIFF.
Versus
Mr. Tejas Sagar Ghadigaonkar & Ors. }...DEFENDANTS.
Shri.Sanjay Dhadam, learned advocate for the Plaintiff.
Shri.Nishant Tripathi, learned advocate for defendant No.2.
CORAM : HIS HONOUR JUDGE SHRI. P.P.RAJVAIDYA (C.R.NO.12)
O R A L O R D E R
(Delivered on 02/03/2019)
1. Heard learned advocates for plaintiff and defendant No.2.
Learned advocate for the plaintiff argued that defendants are engaged
in committing illegal activities which is causing nuisance to the plaintiff
society about which, report was lodged with the police but defendants
have not stopped their criminal activities, defendants are parking their
vehicles in the premises of the society and they are using water facilities
also which is necessary to be stopped by granting adinterim relief in
terms of prayer clause(a) of Notice of Motion in favour of the plaintiff.
2. As against this, learned advocate for defendant No.2
argued that dispute referred to by the plaintiff comes within the
purview of the Section 91 of the Maharashtra Cooperative Societies
Act, 1960 as one of the defendant is the member of the plaintiff society.
He further argued that the dispute between the members of the society
or the person claiming through member of society is required to be
decided by Cooperative Court and not by Civil Court hence, plaintiff is
not entitled for adinterim relief. He further argued that plaintiff has
served copy of Notice of Motion only on defendant No.2 and the copies
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2 NM 84619 in St.153719
of Plaint & Annexures of plaint are not served on defendant No.2
though, plaintiff has placed reliance on those copies in support of the
reliefs claimed in the Notice of Motion due to which, it is necessary to
give some time to defendant No.2 to file his detailed reply to the Notice
of Motion.
3. Admittedly, the copies of plaint and Annexures of plaint
are not served on defendant No.2 by the plaintiff and those copies are
supplied to the learned advocate for defendant No.2 by plaintiff's
learned advocate in the court today. It is not necessary to go into the
details at this stage as regards the jurisdiction of this court as it will be a
matter for consideration while deciding Notice of Motion finally. At this
stage, suffice it to say that it is necessary to give some time to defendant
No.2 to file his detailed reply to the Notice of Motion hence, I am not
inclined to grant any adinterim relief. Thus, the order.
O R D E R
Adinterim relief is refused.
Date: 02/03/2019. (P.P.RAJVAIDYA)
Direct dictated on : 02/03/2019. Judge, C.R.No.12,
Checked on : 02/03/2019. City Civil Court,
Signed on : 02/03/2019. Gr. Bombay.
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3 NM 84619 in St.153719
CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL SIGNED
JUDGMENT/ORDER”
04/03/2019 at 11.30 a.m. Mrs. Rupali S. Bhor
UPLOAD DATE AND TIME NAME OF STENOGRAPHER
Name of the Judge(with CR No.) HHJ SHRI. P.P.RAJVAIDYA
(C.R.No.12)
Date of pronouncement of Order 01/03/2019
Order signed by P.O. on 04/03/2019
Order uploaded on 04/03/2019
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