Final Order 1

Order Details: Notice of Motion
Pdf Text: 1 NM 1683-18 in Suit No. 2657-15
CNR NO.MHCC0100558518
IN THE COURT OF CITY CIVIL FOR GREATER BOMBAY
AT BOMBAY
NOTICE OF MOTION NO. 1683 OF 2018
IN
L.C. SUIT NO. 2657 OF 2015
Miss Priti Santosh Sharma …...Plaintiff
Versus
The Municipal Corporation of Gr. Mumbai ...... Defendant
Coram : Sanjay N. Yadav, Judge
(Court Room no. 05)
Date : 13th September, 2019.
Appearance:
Ld. Adv. Mr. B.P. Shukla for the plaintiff.
Ld. Adv. Meena Dhuri for defendant/MCGM.
ORDER
1. The plaintiff by notice of motion seeks injunction restraining the
defendant corporation from acting upon the notice issued under Section
354A of the Mumbai Municipal Corporation Act, 1888 (hereinafter
referred to as 'the M.M.C. Act') dated 16.10.2015 and order dated
30.10.2015.
2. Heard Learned Advocate for the plaintiff and Learned Advocate
for the defendant corporation.
3. It is the allegation of the corporation that the plaintiff was
carrying out construction of unauthorized construction of slab with M.S.
Girders and ladicoba, ladi slab without permission from competent
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2 NM 1683-18 in Suit No. 2657-15
authority. The plaintiff filed reply to the notice on 17.10.2015. The
reply was considered and the order was passed on 30.10.2015. The
plaintiff was protected by the orders of this Court since 15.01.2016.
The interim relief is running in favour of the plaintiff since then.
4. The schedule shows unauthorized construction of slab with M.S.
Girders and ladicoba, ladi slab without permission from competent
authority. The notice does not point out the stage of the construction.
The plaintiff had replied to notice on 17.10.2015. The reply points out
that the notice structure shown in the plan, the M.H.A.D.A. is carrying
out the repairing work. The construction was inspected on 16.10.2015.
The inspection report is alleged to be carried out by Suraj Khude, Jr.
Engineer. The column of stage of construction and material used is
blank. The column and beams are alleged to be M.S. Girders, B M Wall
and Ladi Coba Roof. It does not point out as to what work was in
progress.
5. The order in respect of notice points out that the notice was
issued for construction of slab, M.S. Girder, ladicoba, ladi slab without
valid permission. There is nothing to infer that the construction was in
progress. The plaintiff is protected by earlier orders of this Court. The
plaintiff, therefore needs to be protected till the decision in the suit.
The plaintiff has made out primafacie case in his favour. The
balance of convenience lies in favour of the plaintiff. The plaintiff
would be put to irreparable loss, if the temporary injunction is refused.
In the result, following order is passed.
ORDER
1. The Notice of Motion No. 1683/2018 is allowed.
2. The defendants corporation are hereby restrained from acting upon
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3 NM 1683-18 in Suit No. 2657-15
the notice dated 16.10.2015 issued under Section 354A of the MMC
Act and the order dated 30.10.2019 till the disposal of the suit.
3. The Notice of Motion stands disposed off accordingly.
(Sanjay N. Yadav)
Judge,
Date : 13.09.2019 City Civil Court, Mumbai.
Dictated on : 13.09.2019
Transcribed on : 16.09.2019
Signed by HHJ on : 21.09.2019
CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER.”
UPLOAD DATE AND TIME : 21.09.2019 at 5.51 p.m.
NAME OF STENOGRAPHER : Mrs. K.S.Bhosale
Name of the Judge (With Court
Room no.)
HHJ Shri. Sanjay N. Yadav
C.R. No. 05
Date of Pronouncement of
JUDGMENT/ORDER
13.09.2019
JUDGMENT/ORDER signed by
P.O. on
21.09.2019
JUDGMENT/ORDER uploaded
on
21.09.2019
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