Final Order 1

Order Details: Notice of Motion
Pdf Text: S.C.Suit No.5644/2004 1 N/M No.1199/2020.
IN THE BOMBAY CITY CIVIL COURT AT BOMBAY.
NOTICE OF MOTION NO. 1199 OF 2020
(CNR No.MHCC01-003328-2020)
IN
CONTEMPT NOTICE OF MOTION NO. 5209 OF 2004
IN
S.C. SUIT NO. 5644 OF 2004
Kamlesh Mishra ...Plaintiff
Versus
Eknath Awte & Ors.
AND
1. Assistant Municipal Commissioner & 6 Ors. ...Defendants
CORAM : HIS HONOUR JUDGE
SHRI G.B.GURAO.
(C.R.NO.11).
DATE : 06/02/2021.
Plaintiff in person.
Mr. Vyas h/f Ms.Mhatre Advocate for Defendants / MCGM.
ORDER
1. Plaintiff has taken this Notice of Motion praying to set aside the
order dated 27/02/2020 dismissing the contempt notice of motion no.
5209/2004 dismissed in default and restore the notice of motion.
2. Adv. Mr. Kamlesh Mishra, plaintiff in person has submitted that
plaintiff had filed the present suit against the defendant/Municipal
Corporation and thereby plaintiff has sought relief of injunction. He
-- 1 of 4 --
S.C.Suit No.5644/2004 2 N/M No.1199/2020.
further submitted that the Court had granted interim relief in favour of
plaintiff. However officers of defendants inspite of the order of Court
demolished one wall and rolling shutter of the suit premises. Therefore,
plaintiff had taken out notice of motion no. 5209/2004. He further
submitted that Predecessor of this Court separated the notice of motion.
The trial was concluded. The suit is partly Decreed. He has filed Appeal
against the said Judgment and Decree. Thereafter, he was regular
attending the Court. He was wiling to proceed with contempt notice of
motion. However, on 24/2/2020 he had gone to his native place at
Prayagraj. He returned in Mumbai on 5/3/2020. He had told Advocate
Mr. Ravindra Singh to attend the date of notice of motion. However, on
27/2/2020 Advocate Ravindra Singh was busy in another Court.
Therefore, this Court dismissed the notice of motion. According to him,
he is ready to proceed the notice of motion. He prayed to allow the
present notice of motion.
3. Mr. Vyas Advocate for defendant/ Corporation has submitted that
there is no sufficient ground to restore the notice of motion. The
sufficient opportunity was given to the plaintiff to proceed the notice of
motion. The reasons given by the plaintiff are not acceptable. Hence,
prayed to dismiss the notice of motion.
4. I have perused the record. It appears that plaintiff had filed
notice of motion no. 5209/2004. Plaintiff had specifically claimed that
the officers removed the wall and shutter of his shop inspite of order the
Court. Record shows that my Learned Predecessor separated the
contempt notice of motion and concluded the trial by Judgment dated
30/11/2018. My Ld Predecessor has also held that the contempt notice
of motion will be tried separately. The Roznama shows that the plaintiff
-- 2 of 4 --
S.C.Suit No.5644/2004 3 N/M No.1199/2020.
has attended the proceeding of notice of motion. However, on
27/2/2020 My Ld. Predecessor dismissed the notice of motion as
plaintiff was absent. Plaintiff has produced railway ticket. It appears
that plaintiff was out of Mumbai from 23/2/2020 to 5/3/2020.
Therefore, in such a circumstances, it is necessary to restore the
contempt notice of motion no. 5209/2004. Hence, following order.
ORDER
1. Notice of Motion No.1199/2020 is hereby made absolute in
terms of prayer clause (a).
2. Notice of Motion No. 5209/2004 is hereby restored to its
original stage.
3. Both the parties are directed to expedite the hearing of
motion and conclude hearing within one month from the
date of this Order.
(G.B.Gurao)
Judge,
City Civil & Sessions Court,
Date : 06/02/2021. Mumbai.
1. Dictated on : 06/02/2021.
2. Transcribed on : 06/02/2021.
3. Signed on : 06/02/2021.
-- 3 of 4 --
S.C.Suit No.5644/2004 4 N/M No.1199/2020.
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER”
UPLOAD DATE AND TIME NAME OF STENOGRAPHER
06/02/2020. Mrs. S.S. Sawant
Name of the Judge (with Court Room no.) HHJ Shri G.B.Gurao
(Court Room No.11).
Date of Pronouncement of Judgment/Order 06/02/2021.
Judgment/Order signed by P.O. on 06/02/2021.
Judgment/Order uploaded on 06/02/2021.
-- 4 of 4 --