Interim Order 1

Order Details: Order below exhibit
Pdf Text: 1 Order on Exh-6 in L.C.SUIT no.1325-18
IN THE CITY CIVIL COURT FOR GREATER BOMBAY
AT BOMBAY.
ORDER ON EXHIBIT 6
IN
L.C. SUIT NO. 1325 OF 2018
(CNR no. MHCC010050352018)
Fariyas Hotel Pvt. Ltd. ]..Plaintiff
Versus
1. Designated Officer, Asst. Eng. (B&F) A ward
2. M.C.G.M. ]... Defendants
Coram : Dr. M. S. Deshpande, Judge
(Court Room no. 05)
Date : 16th January, 2019.
Mr. P. D. Gandhy, advocate for plaintiff.
Mr. Pradeep Patil, advocate for defendant nos. 1 & 2.
ORDER
1. By order dated 22.10.2018, the plaintiff was directed to
comply with the letters issued by the defendant corporation within a
period of 4 weeks that is on or before 19.11.2018. Thereafter, the
defendant was directed to consider the proposal for regularization on or
before 05.01.2019.
2. By application Exh.6, the plaintiff is seeking extension of
the aforesaid time schedule on the ground that since July 2018 the
Director of the plaintiff who is authorized signatory to look after this
suit was out of India and when he returned India in the first week of
November, his mother died on 13.11.2018 and therefore, the plaintiff
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2 Order on Exh-6 in L.C.SUIT no.1325-18
could not comply with the aforesaid order dated 22.10.2018.
3. The defendant opposed the application on the ground that
plaintiff is attempting to protract the hearing of the matter and
therefore, time should not be extended.
4. Heard, the respective advocates considering the reasons
mentioned in the application supported by the copies of documents and
death certificate, by way of an exception the order dated 22.10.2018
passed on Notice of Motion no. 1722 of 2018 is modified as follows :
ORDER
1. The plaintiff is directed to comply with the letters dated
10.05.2013 and 15.02.2016 issued by the defendant corporation
before 18.02.2019.
2. Thereafter, the defendant corporation to consider the proposal
for regularization before 08.04.2019.
3. The earlier orders dated 23.04.2018 that the defendant should
not take any coercive action against the remaining suit premises
and the plaintiff should not carry out any repairs or changes to
the suit premises are continued till next date i.e. 15.04.2019.
4. No extension will be granted to either of the parties in respect of
the time schedule directed above on any count.
5. An ordinary copy of this order duly authenticated by shirestedar
of this Court be supplied to both the parties.
(Dr. M. S. Deshpande)
Judge,
Date : 16.01.2019 City Civil Court, Mumbai.
Dictated on : 16.01.2019
Transcribed on : 16.01.2019
Checked by HHJ on : 17.01.2019
Signed by HHJ on : 17.01.2019
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3 Order on Exh-6 in L.C.SUIT no.1325-18
CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER.”
UPLOAD DATE AND TIME : 17.01.2019 at 2.40 p.m.
NAME OF STENOGRAPHER : Mrs. Gayatri P. Acharekar
Name of the Judge (With Court
Room no.)
HHJ Shri. M. S. Deshpande
C.R. no.05
Date of Pronouncement of
JUDGMENT/ORDER
16/01/2019
JUDGMENT/ORDER signed by
P.O. on
17/01/2019
JUDGMENT/ORDER uploaded
on
17/01/2019
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