Order 1

Order Details: Other
Pdf Text: 1 Ad-Int Order-Draft NM in SU1392-18
IN THE CITY CIVIL COURT FOR GREATER BOMBAY
AT MUMBAI.
ORDER ON AD INTERIM RELIEFS ON
DRAFT NOTICE OF MOTION
IN
SUIT NO. 1392 OF 2018
(CNR no. MHCC010053022018)
Indian Octroi Corporation ]
A Partnership Firm, ]
through its partner, Girish M. Vora, ]
having address at Rammandir, L. B. S. Marg, ]
Mulund Check Naka, Mumbai400080. ]... Plaintiff
Versus
1. Mataprasad D. Rai ]
2. Devidas Purshottam Giri ]
3. Shayamlal Choube ]
4. Manohar Ramlal Choudhary ]
All Trustees of Baba Laldas ]
Raghuvirdas Charitable Trust, ]
having its office at 1, Shiv Sadan Building ]
Ground Floor, Ratanbai Compound, ]
Shivaji Nagar, Checknaka, Thane. ]
5. Shakuntala Sampat Vaishnav ]
6. Sonia Mohan Sampat ]
7. Siddharth Mohan sampat ]
All residing at Vishwajit Building, ]
3rd floor, Shivaji Nagar, Wagle Estate, ]
Checknaka, Thane. ]
8. Sham Sampat Vaishnav ]
Residing at Vishwajit Building, 3rd Floor, ]
Shivaji Nagar, Wagle Estate, Checknaka, Thane. ]
9. Surekha Ramesh Ghor ]
Residing at Mahavir Darshan, 1st floor, ]
Shivaji Nagar, Thane. ]
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10. Chapsi Karia ]
Residing at A/102, 1st floor, ]
Satya Sangam Building, Shivaji Nagar, Thane. ]....Defendants
Appearances:
None for Plaintiff.
Ld. Advocate B. A. Singh for Defendants No.1 to 4.
None for Defendants No. 5 to 10.
CORAM : HIS HONOUR JUDGE
SHRI C. V. MARATHE
(Court Room no. 4)
(I/C of Court Room No.3)
DATED : 03rd January, 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. The Defendants No.1,3 and 4 have filed instant Notice of Motion
and they have claimed adinterim relief to stay the operation of order
dated 05.12.2019. Ld. Advocate for the said defendants has pointed out
that pursuant to the said order dated 05.12.2019, the Court Receiver
has fixed tomorrow’s date i.e. 04.01.2020 to take possession of the suit
premises. He has alleged that the order dated 05.12.2019 was obtained
exparte by misleading the Court and after obtaining false service
reports.
2. I have carefully gone through the record. On 27.09.2018 the
plaintiff filed affidavit of service of defendants no. 1 to 6 and 9
alongwith original envelopes whereon there was mark “left”. It is not
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the case that the Court relied on that report or the plaintiff did not take
further steps to serve the summons and notice to these defendants. On
the same day, Ld. Counsel for the plaintiff filed an application (Exh.02)
to serve the said defendants through paper publication. On 12.12.2018,
Ld. Advocate for the plaintiff filed affidavit of service on defendants nos.
1 to 6 and 9 by paper publication. Since, the said defendants did not
appear despite of such paper publication, the suit proceeded exparte
against them by order in Roznama on the same day i.e. 12.12.2018.
From this, it is clear that the order dated 05.12.2019 was passed after
giving sufficient opportunity to the said defendants. In the above
backdrop, the defendants cannot now claim that the order dated
05.12.2019 was obtained by misleading the Court or by playing fraud.
Therefore, adinterim relief is liable to be rejected. Hence, order:
ORDER
Adinterim relief is rejected.
(C. V. Marathe)
Judge,
Date : 03.01.2020 City Civil Court, Gr. Mumbai.
Dictated on : 03.01.2020
Transcribed on : 03.01.2020
Signed by HHJ on : 04.01.2020
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CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER.”
UPLOAD DATE AND TIME : 04.01.2020 at 3.45 p.m.
NAME OF STENOGRAPHER : Mrs. Gayatri P. Acharekar
Name of the Judge (With
Court Room no.)
HHJ Shri. C. V. Marathe
C.R. no.04
I/C of C.R. no. 03
Date of Pronouncement of
JUDGMENT/ORDER
03/01/2020
JUDGMENT/ORDER signed by
P.O. on
04/01/2020
JUDGMENT/ORDER uploaded
on
04/01/2020
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