Interim Order 1

Order Details: Notice of Motion
Pdf Text: Draft NM. : 1 : L.C.Suit .No.778 of 2018
IN THE BOMBAY CITY CIVIL COURT AT GREATER BOMBAY
DRAFT NOTICE OF MOTION
IN
L.C. SUIT NO.778 of 2018
Shivan Moopnar ...Plaintiff
V/s
Municipal Corporation for
Greater Mumbai & Ors ..Defendants
Advocate Ms P. Reshma Ravi for the Plaintiff.
Advocate Mrs. Chavan for Defendant /BMC.
CORAM : HIS HONOUR JUDGE
SHRI. G.B.GURAO
DATE : 19TH APRIL 2018.
(Court Room No.06)
O R D E R
1. Plaintiff has taken out this draft notice of motion to
restrain defendant corporation from taking any action of demolishing
or removing the plaintiff's stall.
2 According to plaintiff, plaintiff is in possession of stall
being a stall no. 5 on Telang Cross Road No. 3 (Sankara Mattam
Road) King's Circle, Mumbai 400 019. Plaintiff is not hawker. Plaintiff
has complied the rules and regulations, however defendant corporation
has given notice dated 12/2/2018 U/s 313 A & B of the MMC Act. In
fact, plaintiff has not disobeyed any condition. The notice is illegal.
Hence, prayed to grant ad interim injunction.
3 Smt. Chavan Adv for defendant corporation alongwith its
officer present. She submitted that plaintiff has not given reply to the
show cause notice. All the contentions of the plaintiff will be
considered by the concerned officer. Hence she prayed to refuse ad
interim relief.
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Draft NM. : 2 : L.C.Suit .No.778 of 2018
4 Perused the record. Notice is issued U/s 313 A & B of the
MMC Act. It appears that plaintiff has not given reply to the notice. Ld
Advocate for plaintiff submits that she will file reply to the defendant
corporation. Therefore, in view of this submission, I pass following
order:
ORDER
1 Plaintiff is directed to file reply to the notice dated
12/02/2018 within seven days from today.
2 Defendant corporation shall consider the reply of
plaintiff and pass appropriate order, till then, no coercive
action shall be taken in respect of the suit stall.
3 Defendant corporation further directed not to take any
coercive action till after two weeks of the passing of the
speaking order.
4 Draft notice of Motion is disposed of accordingly and it
be registered for statistical purpose.
Date : 19/4/2018. (G.B.Gurao)
Judge,
City Civil Court, Gr. Bombay.
Dictated on : 19.04.2018
Typed on : 20.04.2018
Signed by HHJ. : 21/04/2018
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Draft NM. : 3 : L.C.Suit .No.778 of 2018
“ CERTIFIED TO BE TRUE AND CORRECT COPY OF THE
ORIGINAL SIGNED JUDGMENT/ORDER.”
21/4/2018 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
19/4/2018
JUDGEMENT/ORDER signed
by P.O. on
21/4/2018
JUDGEMENT/ORDER
uploaded on
21/04/2018
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