Final Order 1

Order Details: Copy of Judgment
Pdf Text: Received on : 07/03/2019
Registered on : 12/03/2019
Decided on : 20/02/2021
Duration : Y-01: M-11: D-13 :
Exhibit :
IN THE COURT OF CITY CIVIL FOR GREATER BOMBAY
AT BOMBAY
MISCELLANEOUS APPEAL NO.100 OF 2019
(CNR NO.:MHCC01-002699-2019)
Mr.Javed Shakir Shaikh,
Age : 47 years., Occ.Business,
B 80, Chand Shawali Dargah
Compound, Paspoli Village,
Saki Vihar Road, Powai,
Mumbai-400 072. ... Appellant
Versus
The Estate Officer,
Indian Institute of Technology
Bombay, Powai, Mumbai 400 076. ... Respondent
CORAM: H.H.THE PRINCIPAL JUDGE
S. B. AGRAWAL (C.R.No.19)
DATED: 20th FEBRUARY, 2021
Adv.Mr.Ashish Dubey,
for appellant.
Adv.Mr.Yasmin Sarang h/f M/s.M.V. Kini & Co.,
for respondent.
ORAL JUDGMENT
This appeal under the Public Premises Act is preferred against
the notice dated 22/02/2019 given U/s.2 of Sub-Section-5A of the
Public Premises Act.
2. Perusal of the notice would reveal that the same is a show cause
notice issued to the appellant.
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Javed S.Shaikh V. The Estate Officer
3. Learned counsel for the respondent raised objection about
maintainability of appeal U/s.9 of the Act and in such circumstances,
following points arise for my consideration and my findings thereon for
the reasons thereof are as under:
POINTS FINDINGS
1. Whether the present appeal is maintainable
U/s.9 of the Public Premises Act?
In the Negative
2. What Order? As per final order.
REASONS
4. Section-9 of the Public Premises Act read thus;
"9. Appeals.-(1) An appeal shall lie from every order of
the estate officer made in respect of any public
premises under [section 5 or section 5-B][or section 5-
C] or section 7 to an appellate officer who shall be the
district judge of the district in which the public
premises are situate or such other judicial officer in that
district of not less than ten years' standing as the
district judge may designate in this behalf."
5. From the aforesaid provision, it is amply clear that show cause
notice issued U/s.5A(2) of the Public Premises Act would not be
covered by the aforesaid provision and the present appeal is totally
misconceived and not maintainable. In such circumstances, I answer
the points accordingly and pass following order.
ORDER
1. Misc.Appeal No.100 of 2019 is dismissed.
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Javed S.Shaikh V. The Estate Officer
Learned Counsel for Appellant prayed that the interim order be
continued for a period of one week, since according to him, he has
lodged substantive appeal and the same would take time to be heard.
Interim order to continue for a period of one week.
Sd/-
(S. B. AGRAWAL)
20/02/2021 PRINCIPAL JUDGE,
CITY CIVIL COURT, MUMBAI.
Dictated on : 20/02/2021
Transcribed on : 20/02/2021
Signed by HHJ on : 20/02/2021
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Javed S.Shaikh V. The Estate Officer
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGEMENT/ORDER”
UPLOAD DATE TIME NAME OF STENOGRAPHER
22/02/2021 11.40AM B.R.HATEKAR S.G.
Name of the Judge HH PRINCIPAL JUDGE (CR No.19)
Date of Pronouncement of Judgment/Order. 20/02/2021
Judgment/order signed by P.O on 20/02/2021
Judgment/order uploaded on 22/02/2021
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