Final Order 1

Order Details: Notice of Motion
Pdf Text: Draft N/m in Stamp No. 4238/2020. 1 Order.
IN THE BOMBAY CITY CIVIL COURT AT BOMBAY.
DRAFT NOTICE OF MOTION
IN
STAMP NO. 4238 OF 2020
Smt. Prabha Mavji Shethia ...Plaintiff
Versus
Municipal Corporation for Greater Mumbai
and Another ...Defendants
CORAM : SHRI.G.G.BHANSALI.
(C.R. NO.11).
DATE : 4th September, 2020.
Mr. V.T.Dubey, Advocate for Plaintiff.
Mrs. Mhatre, Advocate for Defendant No.1 / MCGM.
ORDER
1. This is a motion challenging notice dated 03/04/2020 and
28/07/2020 issued by MCGM. Perused short affidavit alongwith
documents submitted by MCGM.
2. Suit property is first floor, measuring 2000 sq.ft., Jairaj
Bhavan, Kurla (West). Plaintiff is residing as a tenant since 1994. Mr.
Jugalkishor Pandey is a landlord. Various litigation are going on
between landlord and tenant.
3. Ld. Adv. V.T.Dubey for plaintiff submits that suit structure is
ground plus two, there are in total 18 tenants. There is no structural
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Draft N/m in Stamp No. 4238/2020. 2 Order.
audit carried out by the landlord. In view of structural audit report of
engineer Mr. Ajay Singh Pal, the suit structure is categorized as “C-1”
which needs to be demolished. According to plaintiff, impugned
structure is sound structure which can be used for years together after
minor repairs. The landlord has used the machinery of MCGM to fulfill
the ulterior motive to evacuate the tenants with intent to help the
landlord. It is added that the guidelines of the MCGM in view of own
circular dated 25/05/2018 are not followed. It is claimed for temporary
injunction.
4. Ld. Adv. Mhatre for MCGM submits that first notice was
served on landlord Mr. Nathuram Pandey. The notice dated
03/08/2020 is served on various tenants. There is a report of pasting
the notice on 28/07/2020. According to the MCGM, the impugned
structure is shown as “C-1”, therefore, it require to demolish at the
earliest. It is requested to reject the motion.
5. On perusal of various photographs, there appears cracks on
some part of the building. However, at the same time, some families are
residing and these structure appears to be good and sound condition.
There is no incident of falling any structure, slab, etc. nor any complaint
in that respect was received in past.
6. According to MCGM, all tenants has vacated the premises
except plaintiff. Plaintiff has submitted that he will be solely responsible
for any mishap in future.
7. Admittedly, there is dispute between landlord and tenants.
Plaintiff has raised doubt in respect of conclusion drawn by engineer Mr.
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Draft N/m in Stamp No. 4238/2020. 3 Order.
Ajay Singh Pal. The structure is ground plus two, there is no incident of
mishap nor there is a case of MCGM to show the urgency to pull down
the structure at the earliest. Considering entire facts on record, it would
be appropriate to call fresh structural audit as plaintiff has disputed
aforesaid report. Hence the order :-
- ORDER -
1. Draft motion is partly allowed.
2. Plaintiff is at liberty to engage MCGM registered agency for
fresh structural audit and submit the report within 15 days.
Plaintiff to bear its expenses. Plaintiff to carry out entire
process of fresh structural audit with intimation to MCGM
and landlord. Plaintiff to submit its copy to MCGM and
before the Court within 20 days.
3. Till then notice dated 28/07/2020, 03/04/2020 and
03/08/2020 are stayed.
4. Plaintiff is at liberty to move fresh motion upon receipt of
structural audit report. In failure to comply by plaintiff,
MCGM is at liberty to proceed further as per rules.
5. Motion stands disposed off. It be register for statistical
purpose.
(G.G. Bhansali)
Judge
City Civil and Sessions Court,
Date : 04/09/2020. Mumbai.
1. Dictated online on : 04/09/2020.
2. Signed on : 05/09/2020.
3. Delivered to Certified :
Copy Section on
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Draft N/m in Stamp No. 4238/2020. 4 Order.
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER”
UPLOAD DATE AND TIME NAME OF STENOGRAPHER
09/10/2020. 1.57 p.m. Miss M.A.Kulkarni
Name of the Judge (with Court Room no.) HHJ Shri G.G.Bhansali.
(Court Room No.11).
Date of Pronouncement of Judgment/Order 04/09/2020.
Judgment/Order signed by P.O. on 05/09/2020.
Judgment/Order uploaded on 09/10/2020.
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