Final Order 1

Order Details: Notice of Motion
Pdf Text: 1 NM 1545-19 in Suit No. 670-14
CNR NO.MHCC0100411419
IN THE COURT OF CITY CIVIL FOR GREATER BOMBAY
AT BOMBAY
NOTICE OF MOTION NO. 1545 OF 2019
IN
L.C. SUIT NO. 670 OF 2014
Veritas Housing Development Pvt. Ltd. .....Plaintiff
Versus
The Assistant Municipal Commissioner,
'A' Ward, MCGM ..... Defendant
Coram : Sanjay N. Yadav, Judge
(Court Room no. 05)
Date : 30th April, 2019.
Appearance:
Ld. Adv. Mr. P.D. Gandhy for the plaintiff.
Ld. Adv. Mr. Pradeep Patil for defendant/MCGM.
ORDER
1. The plaintiff by this notice of motion seeks remand of matter back
to the defendant corporation for fresh consideration.
2. The plaintiff had challenged the notice issued under Section 354A
of the MMC Act dated 04.10.2007 and the order dated 11.10.2007 in
the present suit. The notice of motion bearing no. 924/2014 for
injunction was dismissed on 02.07.2015. The A.O. No. 990/2015 was
preferred before the Hon'ble High Court. The matter was remanded
back on 24.07.2018.
The plaintiff was given liberty to take steps to restore the Suit no.
3628/2017 which was withdrawn by predecessor in title of the plaintiff.
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2 NM 1545-19 in Suit No. 670-14
The notice of motion bearing no. 3105/2018 was dismissed on
05.02.2019. The C.R.A. No. 156/2019 was preferred before the Hon'ble
High Court which was also dismissed as withdrawn on 01.04.2019. The
plaintiff was protected till 24.04.2019.
3. It is contended that in the mean time the plaintiff had secured
certain documents under the Right To Information Act. It is stated that,
the documents point out that the notice under Section 354A and the
order is illegal. It is submitted that the plaintiff was not in possession of
the said documents at the time of order. The plaintiff seeks fresh
hearing in the light of the documents received.
The plaintiff accordingly had prayed for remanding the matter for
consideration.
4. Admittedly, the issues are framed, the suit is ready for hearing. It
was for the plaintiff to prosecute the suit. Inspite of prosecuting the
suit, the present notice of motion is moved by the plaintiff.
It would be appropriate to refer to the order passed on N.M No.
924/2014, this Court in L.C. Suit No. 670/2014. It has been held that
the previous suit instituted by the predecessor in title of the plaintiff
which was withdrawn, the present suit was not maintainable. The
notice of motion was accordingly rejected.
5. Being aggrieved by the order in notice of motion no. 924/2014
AO No. 990/2015, was preferred by plaintiff, the appeal from order was
withdrawn with liberty to take recourse of law in regard to the earlier
litigation by predecessor in title of the plaintiff. The notice of motion
no. 3105/2015 was taken out by the plaintiff. The said notice of
motion is also dismissed.
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3 NM 1545-19 in Suit No. 670-14
In the light of the findings that the suit is not maintainable. This
Court declined to grant the relief as the suit was not maintainable and
those findings still exist. Remanding back the matter to the defendant
for fresh consideration, it would be in way entertaining the suit. The
notice of motion does not call in any interference by this Court. The
plaintiff can well approach the defendant corporation on his own if he
so desires. This Court is not inclined to issue in such directions. In the
result, following order is passed.
ORDER
The Notice of Motion No. 1545/2019 is dismissed.
(Sanjay N. Yadav)
Judge,
Date : 30.04.2019 City Civil Court, Mumbai.
Dictated on : 30.04.2019
Transcribed on : 02.05.2019
Signed by HHJ on : 03.05.2019
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4 NM 1545-19 in Suit No. 670-14
CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER.”
UPLOAD DATE AND TIME : 03.05.2019 at 1.00 pm.
NAME OF STENOGRAPHER : Mrs. K.S.Bhosale
Name of the Judge (With Court
Room no.)
HHJ Shri. Sanjay N. Yadav
C.R. no. 05
Date of Pronouncement of
JUDGMENT/ORDER
30.04.2019
JUDGMENT/ORDER signed by
P.O. on
03.05.2019
JUDGMENT/ORDER uploaded
on
03.05.2019
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