Interim Order 1

Order Details: Notice of Motion
Pdf Text: Draft NM. : 1 : L.C.Suit .No.1049 of 2018
IN THE BOMBAY CITY CIVIL COURT AT GREATER BOMBAY
DRAFT NOTICE OF MOTION
IN
L.C. SUIT NO.1049 of 2018
Mr. Fasial Ammad Abdulla ..Plaintiff
V/s
M.C.G.M.
Advocate Mr.Kudalkar 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 action on the basis of
notice U/s 351 of the MMC Act dated 27/03/2018.
2 According to plaintiff, plaintiff is a tenant of the suit
premises more particularly described in para 1 of the plaint. Plaintiff
has not made any unauthorized construction. The notice is bad in law
and not tenable. Hence prayed to grant ad interim relief.
3 Smt. Chavan advocate for corporation alongwith officer
namely B.L. Shingane, SubEngineer, B & F department. She
submitted that plaintiff has given reply to the notice and reply is under
consideration. From the affidavit of defendant's officer namely B.L.
Shingane, it appears that reply given by plaintiff is under consideration.
Therefore, it is necessary to direct the corporation to consider the reply
and pass speaking order. Hence the following order:
ORDER
1 Corporation is directed to consider the reply given by plaintiff
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Draft NM. : 2 : L.C.Suit .No.1049 of 2018
and pass speaking order.
2 Defendant is directed not to take any coercive action
in respect of the suit structure.
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.1049 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
21/4/2018
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