Interim Order 1

Order Details: Other
Pdf Text: 1 NM 131419 in Suit N o. 77619
CNR NO.MHCC0100339919
IN THE COURT OF CITY CIVIL FOR GREATER BOMBAY
AT BOMBAY
NOTICE OF MOTION NO. 1314 OF 2019
IN
L.C.SUIT NO. 776 OF 2019
Sohal Shafi Khan ... Plaintiff
Versus
The Municipal Corporation of Greater Mumbai & Anr...... Defendants
Coram : H.H.Shri Sanjay N. Yadav, Judge
(Court Room no. 05)
Date : 02nd April, 2019
Appearance:
Ld. Adv. Sameer Tendulakar for the plaintiff.
Ld.Adv. Smt. Rawade for defendant/BMC.
O R D E R
1. The plaintiff by this notice of motion seeks temporary
injunction restraining the defendant from executive in view of
warrant of attachment, warrant dated 23.03.2018.
2. A warrant of attachment was issued on 23.03.2018 on failure
to pay the taxes by the plaintiff. The plaintiff had preferred appeal
before the defendant corporation. It is contended that the
assessment is not legal and recovery is illegal. The plaintiff deserves
to protected by order of temporary injunction.
3. It would be worth to refer to Section 217 of BMC Act it reads
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as under:
'Subject to the provisions hereinafter contained, appeals
against any rateable value or the capital value, as the case may be or
tax fixed or charged under this Act shall be heard and determined by
the Chief Judge of the Small Cause Court.'
4. It is clear that the appeals of tax under the MMC Act are to be
heard and determined by Chief Judge of the Small Cause Court. The
plaintiff has an appropriate to remedy to prosecute.
The plaintiff cannot agitate these grievance about the
calculation of principle taxes in this Court. The suit itself primafacie
is not maintainable, the application for adinterim injunction cannot
be entertained. In the result, following order is passed:
ORDER
The application for adinterim injunction is rejected.
(Sanjay N. Yadav)
Judge,
Date : 02.04.2019 City Civil Court, Mumbai.
Dictated & Direct typed on computer on : 02.04.2019
Checked by HHJ on : 04.04.2019
Signed by HHJ on : 04.04.2019
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“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER.”
UPLOAD DATE AND TIME : 05.04.2019 at 11.35 am.
NAME OF STENOGRAPHER : Mrs. K.S.Bhosale
Name of the Judge (With Court
Room no.)
HHJ Shri. S. N. Yadav
C.R. No.05
Date of Pronouncement of
JUDGMENT/ORDER
02.04.2019
JUDGMENT/ORDER signed by
P.O. on
04.04.2019
JUDGMENT/ORDER uploaded
on
05.04.2019
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