Order 1

Order Details: Other
Pdf Text: Draft NM. : 1 : L.C.Suit .No.770 of 18
IN THE BOMBAY CITY CIVIL COURT AT GREATER BOMBAY
DRAFT NOTICE OF MOTION
IN
L.C. SUIT NO.770 OF 2018.
Indira Rajendra Jain and ors ..Plaintiffs
V/s
Designated Officer, Asst Engr
(B & F), G/S Ward, MCGM & Ors ..Defendants
Advocate Mr.P.D.Gandhi for the Plaintiff.
Advocate Mr. Kumawat for Defendant /BMC.
CORAM : HIS HONOUR JUDGE
SHRI. G.B.GURAO
DATE : 3rd APRIL 2018.
(Court Room No.06)
O R D E R
1. Plaintiff has taken out this draft notice of motion, restraining the
defendants from taking any action as per the notice bearing No.
ACGS/816/SR/BF dated 04/01/2018.
2. According to the plaintiff, plaintiff are occupier of the suit
premises. Suit premises is 16A & 16B, on 2nd floor, Raghuvanshi
Mansion, Raghuvanshi Mills Compound, Senapati Bapat Marg, Lower
Parel, Mumbai13. Plaintiff's run their business. Plaintiff's have
obtained licenses from the Competent Authorities. Plaintiff's have
complied the rules and regulations. However, on 04/1/2018
defendant/corporation issued notice to the plaintiff and directed to
remove irregularities if any, within fifteen days and restore the
construction/structure according to latest plan. According to the
plaintiffs, the notice is illegal and bad in law. Hence, prayed to grant ad
interim injunction.
3. Notice is served on the defendant.
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Draft NM. : 2 : L.C.Suit .No.770 of 18
4. I have heard Shri. P. D. Gandhy advocate for plaintiff and Shri.
Kumawat advocate for defendant/corporation.
5. I have perused the impugned notice. In the impugned notice, the
corporation has directed the plaintiff to remove the irregularities within
fifteen days. However, no such specific irregularities are mentioned in
the notice. Notice is vague to that extent.
6. It is to be noted that in the similar matter Zahir Zenuddin
Merchant V/s. Designated Officer2 Assistant Engineer (Building and
Factory &Ors. in Appeal from Order (ST.) No 2265 OF 2018 WITH
CIVIL APPLICATION (ST.) No 2267 OF 2018 IN APPEAL FROM
ORDER (ST.) No 2265 OF 2018, Hon'ble High Court has directed the
defendant not to take any coercive action. Therefore, in view of the
submissions of both the parties and the order of Hon'ble High Court, it
is necessary to direct the defendants not to take any coercive action till
next date. Hence, the following order :
O r d e r
1. Defendant/corporation is directed not to take any coercive action
till next date.
2. Draft Notice of Motion be registered.
Date : 3/4/2018. (G.B.Gurao)
Judge,
City Civil Court, Gr. Bombay.
Dictated on : 03.04.2018
Typed on : 03.04.2018
Signed by HHJ. : 03/04/2018
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Draft NM. : 3 : L.C.Suit .No.770 of 18
“ CERTIFIED TO BE TRUE AND CORRECT COPY OF THE
ORIGINAL SIGNED JUDGMENT/ORDER.”
Mr. S.D. Raje
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
3/4/2018
JUDGEMENT/ORDER signed
by P.O. on
3/4/2018
JUDGEMENT/ORDER
uploaded on
13.02.2018 .
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