Interim Order 1

Order Details: Order below exhibit
Pdf Text: IN THE BOMBAY CITY CIVIL COURT AT BOMBAY
ORDER BELOW EXHIBIT 5
IN
L. C. SUIT NO. 1789 OF 2021
(CNR NO.MHCC010043052020)
Nitin Furia and Ors. ... Plaintiff
V/s.
The M.C.G.M & Ors ... Defendants
CORAM : HER HONOUR JUDGE
SMT. S.G. SHAIKH
CITY CIVIL COURT
GR.MUMBAI ( C.R.NO.06)
DATE : 21/09/2021
Adv.Ms. Indira Labde for the plaintiff.
Adv.Mr.Dharmesh Vyas for the defendant.
Adv. Ms Meena Dhuri for the BMC
ORAL ORDER
1. This application is filed by the plaintiff for extension of stay
order i.e. protection order passed by the Court on 04.08.2021.
2. The Defendants/BMC has strongly objected to the
application.
3. Perused the application Exhibit5 and say of the
Defendants/ BMC. Heard advocates for the parties at the length.
4. The background of this matter is that the plaintiff has
challenged the notice issued by the BMC issued u/s. 53(1) of MRTP Act.
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2 Order Below Exh5
The speaking order was passed by the Designated officer on 21.09.2020
which is also challenged by the plaintiff. On hearing the arguments on
the notice of motion No. 1381/2021 in the said suit, the Court directed
the Designated officer of the BMC to consider the second reply filed by
the plaintiff alongwith documents and pass fresh speaking order within
the period of one month from the date of the order i.e. 04.08.2021. The
Court directed the defendant shall not act on disputed notices till the
passing of the speaking order and thereafter for 15 days. Accordingly
the said notice of motion was disposed off. Now the plaintiff wants to
extension of the said stay order passed on 04.08.2021.
5. The speaking order is passed by the Designated officer after
considering the second reply of the plaintiff. The said fresh speaking
order is passed on 03.09.2021. Thereafter, the period of 15 days as per
the operative order in the said notice of motion has expired on
18.09.2021. The said 15 days protection has come to an end on
18.09.2021. It appears from the arguments of the parties that fair
opportunity of the hearing has been given by the BMC to the plaintiff by
considering the second reply and thereafter the second order has been
passed by the Designated officer of the BMC. When the interim
protection order dated 04.08.2021 passed in Notice of Motion No.
1381/2021 which is disposed off has expired on 18.09.2021., it cannot
be extended further. Interim protection when expired cannot be
extended or continued.
6. In this background, the plaintiff is not entitled for extension
or continuation of the protection order passed on Notice of Motion No
1381/2021 in the operative part. Hence, this application is liable to be
rejected and following order is passed.
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3 Order Below Exh5
ORDER
Application Exhibit5 for extension of protection order dated
04.08.2021 passed in Notice of Motion No. 1381/2021 is
rejected.
(Smt. S.G.Shaikh)
Date 21/09/2021 Judge,City Civil Court,
Gr. Mumbai.
Dictated on : 21/09/2021
Typed on : 21/09/2021
Signed on :
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4 Order Below Exh5
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER.”
21/09/2021 05.30 p.m ( Mayuresh P. Tathe)
UPLOAD DATE AND TIME NAME OF STENOGRAPHER
Name of the Judge (With Court
room No.)
HHJ Smt. S. G. Shaikh (C.R.No.06)
Date of Pronouncement of
JUDGMENT/ORDER
21/09/2021
JUDGMENT/ORDER signed by
P.O.on
21/09/2021
JUDGMENT/ORDER uploaded on 21/09/2021
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