Full Order Text
Order 1 · 16 Jan 2019 · CNR MHCC010050352018
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 -- 1 of 3 -- 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 -- 2 of 3 -- 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 -- 3 of 3 --
