Interim Order 1

Order Details: Other
Pdf Text: Ad-Int Order in NM No.1629/2020 1 SUIT (ST) NO. 5463-2020
(CNR No. MHCC01-004862-2020)
IN THE CITY CIVIL COURT FOR GREATER BOMBAY
AT MUMBAI.
ORDER ON AD INTERIM RELIEFS ON
NOTICE OF MOTION NO. 1629 OF 2020
IN
SUIT (ST) NO. 5463 OF 2020
JayLaxmi Co-operative Housing Society Ltd. )
a Society registered under the provisions of the )
Maharashtra Co-operative Societies Act, 1960 )
having its office at Laxmi Building A-Wing, )
Plot No.80, CS-472, 17 Vachha Gandhi Road, )
Gamdevi, Mumbai – 400 007 )... Applicant
IN THE MATER BETWEEN
1. JayLaxmi Co-operative Housing Society Ltd. )
a Society registered under the provisions of the )
Maharashtra Co-operative Societies Act, 1960 )
having its office at Laxmi Building A-Wing, )
Plot No.80, CS-472, 17 Vachha Gandhi Road, )
Gamdevi, Mumbai – 400 007 )
2. Virji Shah )
Age :- 58 years )
Occupation :- Business )
Indian Inhabitant Residing at Flat No.101, 1st Floor )
Laxmi Building, A-Wing, Plot No.80, CS-472, 17 )
Varsha Gandhi Road, Gamdevi, Mumbai – 400 007 )
3. Kunal Shah )
Age :-36 years )
Occupation :-Business Indian Inhabitant Residing at )
Flat No.102, 1st Floor, Laxmi Building A-Wing, )
Plot No.80, CS-472, 17 Vachha Gandhi Road, Gamdevi )
Mumbai – 400 007.
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4. Mrs. Seema Shah )
Age :- 57 years )
Occupation :-Business )
Indian Inhabitant Residing at Flat )
No.201, 2nd Floor, Laxmi Building, )
A-Wing, Plot No.80, CS-472, 17 Vachha )
Gandhi Road, Gamdevi, Mumbai – 400 007. )
5. Narendra Ruparel )
Age :-63 years )
Occupation :-Business )
Indian Inhabitant Residing at Flat )
No.202, 2nd Floor, Laxmi Building, )
A-Wing, Plot No.80, CS-472, 17 Vachha )
Gandhi Road, Gamdevi, Mumbai – 400 007. )
6. Pravin Dedhia )
Age :- 62 years )
Occupation :-Business )
Indian Inhabitant Residing at Flat )
No.301, 3rd Floor, Laxmi Building, )
A-Wing, Plot No.80, CS-472, 17 Vachha )
Gandhi Road, Gamdevi, Mumbai – 400 007. )
7. Rajen Shah )
Age :- 65 years )
Occupation :-Business )
Indian Inhabitant Residing at Flat )
No.401, 4th Floor, Laxmi Building, )
A-Wing, Plot No.80, CS-472, 17 Vachha )
Gandhi Road, Gamdevi, Mumbai – 400 007. )
8. Mrs. Dipti Shah )
Age :- 64 years )
Occupation :-Homemaker )
Indian Inhabitant Residing at Flat )
No.402, 4th Floor, Laxmi Building, )
A-Wing, Plot No.80, CS-472, 17 Vachha )
Gandhi Road, Gamdevi, Mumbai – 400 007. )
9. Mr. Shailesh Mahimtura )
Age :- 63 years )
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Occupation : Advocate/Solicitor )
Indian Inhabitant Residing at Flat )
No.501, 5th Floor, Laxmi Building, )
A-Wing, Plot No.80, CS-472, 17 Vachha )
Gandhi Road, Gamdevi, Mumbai – 400 007. )
10. Mrs. Bela Mahimtura )
Age :- 58 years )
Occupation :-Homemaker )
Indian Inhabitant Residing at Flat )
No.501, 5th Floor, Laxmi Building, )
A-Wing, Plot No.80, CS-472, 17 Vachha )
Gandhi Road, Gamdevi, Mumbai – 400 007. )
11. Malav Shah )
Age :- 40 years )
Occupation :-Business )
Indian Inhabitant Residing at Flat )
No.701, 7th Floor, Laxmi Building, )
A-Wing, Plot No.80, CS-472, 17 Vachha )
Gandhi Road, Gamdevi, Mumbai – 400 007. )
Versus
1. Jugraj Ranka )
Age :- unknown Occupation :-unknown )
residing at Flat No.02, 3rd Floor, Laxmi )
Building, A-Wing, Plot No.80, CS-472, 17 )
VachhaGandhi Road, Gamdevi, )
Mumbai – 400 007. )
2. Vikram Ranka )
Age :- unknown Occupation :-unknown )
residing at Flat No.302, 3rd Floor, Laxmi )
Building, A-Wing, Plot No.80, CS-472, 17 )
VachhaGandhi Road, Gamdevi, )
Mumbai – 400 007. )
3. Mrs. Payal Vikram Ranka )
Age :- unknown Occupation :-unknown )
residing at Flat No.302, 3rd Floor, Laxmi )
Building, A-Wing, Plot No.80, CS-472, 17 )
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VachhaGandhi Road, Gamdevi, )
Mumbai – 400 007. )
4. Mrs. Manju Ranka
Age :- unknown Occupation :-unknown )
residing at Flat No.502, 5th Floor, Laxmi )
Building, A-Wing, Plot No.80, CS-472, 17 )
VachhaGandhi Road, Gamdevi, )
Mumbai – 400 007. )
5. Mrs. Savita Ranka )
Age :- unknown Occupation :-unknown )
residing at Flat No.601 & 602, 6th Floor, Laxmi )
Building, A-Wing, Plot No.80, CS-472, 17 )
VachhaGandhi Road, Gamdevi, )
Mumbai – 400 007. )
6. Ritesh Ranka )
Age :- unknown Occupation :-unknown )
residing at Flat No.601 & 602, 6th Floor, Laxmi )
Building, A-Wing, Plot No.80, CS-472, 17 )
VachhaGandhi Road, Gamdevi, )
Mumbai – 400 007. )....Defendants
Appearances:-
Ld. Adv. Chaitanya Bhandarkar for plaintiffs.
Ld. Adv. Rekha Shukla for Defendants No.1 to 4.
Ld. Adv. Bhansali for Defendants No.5 and 6.
CORAM : HIS HONOUR JUDGE
SHRI C. V. MARATHE
(Court Room no. 4)
DATED : 11th NOVEMBER, 2020
O R A L O R D E R O N A D - I N T E R I M R E L I E F
1. Perused the plaint, Notice of Motion, documents annexed
to the plaint and heard both sides.
2. Learned advocate for the plaintiffs submits that the
defendants, who are non members of plaintiff No.1 society, are
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obstructing the activities of the plaintiffs of carrying out the
maintenance of the common areas and facilities of the suit building.
Learned advocate for the plaintiffs further submits that the defendants
have not paid maintenance charges of the society and therefore, they
have no right to claim equal rights in respect of security systems in the
elevators situated in the suit building and he has made following
prayers -
(a) Pending the hearing and final disposal off the present
suit, this Hon’ble Court be pleased to pass an order of temporary
injunction restraining the defendants, their agents, servants or
any person claiming through them from, in any manner, directly
or indirectly obstructing the plaintiffs in performing/discharging
the lawful activities/duties of the plaintiff No.1 Society by way of
carrying our maintenance to the common areas and facilities of
the suit Building as described in Exhibit-C to the plaint.
(b) Pending the hearing and final disposal of the present
suit, this Hon’ble Court be pleased to pass an order of temporary
injunction restraining the defendants, their agents, servants or
any person claiming through them from, in any manner, directly
or indirectly obstructing the plaintiff No.1 society from
undertaking security for safety of the members of the plaintiff
No.1 Society, including installing CCTV cameras in any of the
areas forming part of the common areas and facilities of the suit
building as described of the Exhibit-C to the plaint.
(c) Pending the hearing and final disposal of the present
suit, this Hon’ble Court be pleased to pass an order of temporary
injunction restraining the Defendants, their agents, servants or
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any person claiming through them from, in any manner, directly
or indirectly obstructing the plaintiff No.1 Society, its agents,
contractors, or any person appointed by the plaintiff No.1 Society
from undertaking security measures for safety of the members of
the plaintiff No.1 Society, including installing such security
systems as may be required in any of the elevators situated in the
suit building as more particularly described in Exhibit-C to the
plaint.
3. Learned advocates for the defendants have vehemently
argued that plaintiffs have deliberately avoided to make them as
members of the society, they are attempting to infringe privacy rights of
defendants by installing CCTV cameras in the common areas on each
floor. They have further contended that the plaintiffs are not issuing
cards to the defendants to use elevator and right to live peacefully in
the suit building is seriously infringed by the plaintiffs.
4. After going through above arguments of the parties and the
documents annexed to the plaint, there are appears a dispute between
the defendants and plaintiff No.1 Society members regarding
membership of the defendants in the society. The plaintiffs are not
allowing defendants to use the security systems in the elevators on the
ground that they are not members of the society. The aspects of
membership & consequences of not becoming members need evidence
in the form of oral and documentary evidence during trial. Being the
occupants of the same building the defendants are entitled for all the
common areas and facilities of the suit building. The plaintiffs have
their remedies open for non payment of maintenance charges by the
defendants. Therefore, prayer clause (c) of the Notice of Motion cannot
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be granted at an ad-interim stage.
5. The plaintiffs have claimed that installation of CCTV
cameras in common areas and facilities of the suit building is necessary
to safeguard the occupants and the defendants may be restrained from
obstructing the installation of such CCTV cameras. Learned advocate for
the defendants No.5 & 6 argues that the plaintiffs are trying to install
CCTV cameras abutting each flat on each floor which will infringe right
of privacy of the occupants. Considering above aspect, ad-interim relief
in terms of prayer clause (b) is granted only for installing CCTV
cameras at the entrance lobby, near the lift on the ground floor and not
in the common areas abutting the flats on other floors.
6. Regarding prayer clause (a), it is general in nature and
therefore, cannot be granted at this stage without reply of the other
side. Therefore, following order-
ORDER
Ad-interim reliefs prayed by plaintiffs in terms of prayer clause
(a) and (c) are rejected and ad-interim relief in terms of prayer clause
(b) is granted subject to conditions mentioned above.
Sd/-
(C. V. Marathe)
Judge,
Date : 11.11.2020 City Civil Court, Gr. Mumbai.
Dictated on : 11.11.2020.
Transcribed on : 11.11.2020.
Signed by HHJ on : 12.11.2020.
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CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER.”
UPLOAD DATE AND TIME : 12.11.2020 at 12.58 p.m.
NAME OF STENOGRAPHER : Mr. Harshal D. Jagtap
Name of the Judge (With Court
Room no.)
HHJ Shri. C. V. Marathe
C.R. no.04
Date of Pronouncement of
JUDGMENT/ORDER
11/11/2020
JUDGMENT/ORDER signed by
P.O. on
12/11/2020
JUDGMENT/ORDER uploaded
on
12/11/2020
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