Interim Order 1

Order Details: Notice of Motion
Pdf Text: Draft NM. : 1 : L.C.Suit .No.1111 of 2018
IN THE BOMBAY CITY CIVIL COURT AT GREATER BOMBAY
DRAFT NOTICE OF MOTION
IN
L.C. SUIT NO 1111 of 2018
Vaibhav Properties Pvt. Ltd
..Plaintiff
V/s
Designated Officer, F/N ward ...Defendants
MCGM & Anr.
Advocate Mr.P.D.Gandhi for the Plaintiff.
Advocate Mr. 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 the defendant corporation from taking action of demolition on
the basis of notice dated 26/02/2018 and order dated 16/03/2018.
2 According to the plaintiff, he carries hotel and lodging
business in the suit premises i.e. City Survey No. 134C/10. Plaintiff has
complied all the rules and regulations. Plaintiff has not made any
unauthorized construction. However, defendant corporation issued
notice. At that time plaintiff has not given detailed reply. The
designated officer has passed the order without giving any opportunity
to the plaintiff. Hence prayed to grant adinterim relief.
3 Notice is served to the defendant. Defendant filed affidavit
of Pankaj Shukla,DOIII/Asst. Engineer (B & F). Defendant denied the
contention made in the notice of motion and contended that the
structure is unauthorized.
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Draft NM. : 2 : L.C.Suit .No.1111 of 2018
4 I have heard heard Shri P.D.Gandhi advocate for plaintiff
and Smt. Chavan advocate for defendants.
5 Shri Gandhi advocate for plaintiff has submitted that
plaintiff has not made unauthorized construction. The land belongs to
the corporation. The documents naturally are with the corporation. The
corporation has not given an opportunity for personal hearing to the
plaintiff and hastily passed the order hence, he prayed to direct the
defendants to give opportunity to the plaintiff and thereafter pass the
order.
6 Smt. Chavan adv. for defendant has submitted that at that
time plaintiff has produced only two documents. Thereafter, plaintiff
has given letter to the corporation and now the defendant has decided
to give opportunity to the plaintiff. The officer Pankaj Shukla is present
and he submitted that the defendant has given letter to the plaintiff for
personal hearing.
7 Perused the documents on record. Admittedly, the land
upon which the structure is standing belongs to the corporation. The
plaintiff has sought documents from the corporation but the
corporation did not provide the documents. It appears that the
corporation has decided to given an opportunity to plaintiff. Hence, in
such a circumstances, it is necessary to direct the corporation to give
opportunity of personal hearing to the plaintiff and then pass an
appropriate order as laid down by Hon'ble High Court in Sopan
Maruti Thopte V/s Pune Municipal Corporation, AIR 1996 Bom.
304. Therefore, following order:
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Draft NM. : 3 : L.C.Suit .No.1111 of 2018
O r d e r
1. Defendants are directed to follow the law laid down by Hon'ble
High Court in the case of Sopan Maruti Thopte V/s Pune Municipal
Corporation AIR 1996 Bombay 304 and give opportunity to the plaintiff
for personal hearing and then pass speaking order.
2 Plaintiff is directed to remain present before the designated
officer on or before 20/05/2018, till then defendants are directed not
to take any coercive action in respect of the notice structure.
3 The said order shall be in force till after two weeks by passing of
the fresh order by designated officer.
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 : 19.04.2018
Signed by HHJ. : 21/04/2018
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“ 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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