Interim Order 1

Order Details: Other
Pdf Text: 1 Order on Draft NM in Suit no.1359-19
IN THE CITY CIVIL COURT FOR GREATER BOMBAY
AT MUMBAI.
ORDER ON AD INTERIM RELIEFS ON DRAFT NM
IN
SUIT No. 1359 OF 2019
(CNR no. MHCC010056502019)
Mr. Sharad Shripati Nalawade ]... Plaintiff
Versus
Municipal Corporation of Greater
Mumbai ]... Defendant
Coram : C. V. Marathe, Judge
(Court Room no. 08)
Date : 13th June, 2019.
Mr. Kudalkar, advocate for plaintiffs.
Mr. Khandagle, advocate for defendant/ MCGM.
ORDER
1. Perused notice of motion, contents of plaint, documents
annexed with the plaint and heard both sides. The plaintiffs challenges
notice dated 06.03.2019 issued by the administrative officer (Estate
Department), MEast ward, whereby plaintiff is directed to vacate the
suit premises within 7 days from receipt of the notice. According to
learned advocate for the plaintiff, this notice cannot be construed as
notice under Section 105 (b) (2) of Mumbai Municipal Corporation
Act,1888 (hereinafter referred to as "MMC Act" for brevity) as no
opportunity is being given to the plaintiff to show cause as to why order
of eviction should not be made and this notice directs the plaintiff to
vacate the suit premises within 7 days. According to learned advocate
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2 Order on Draft NM in Suit no.1359-19
for defendant MCGM, the suit is not maintainable, first the plaintiff has
to attend the hearing before inquiry officer and if any order adverse to
his interest is passed he has to approach Hon'ble Principal Judge, City
Civil Court in appeal under Section 105 (F) of M.M.C. Act. After reading
the notice carefully, I find substance in the contention of the plaintiff
that it is not show cause notice as contemplated under Section 105 (B)
(2) of M.M.C. Act. Therefore, plaintiff is entitled for adinterim relief.
Hence following order is passed :
ORDER
1. Adinterim relief in terms of prayer clause (a) is granted till the
defendant MCGM follows the procedure laid down under Section
105 (B) of M.M.C. Act or till next date, whichever is earlier.
sd/-
(C. V. Marathe)
Judge,
Date : 13.06.2019 City Civil Court, Mumbai.
Dictated on : 13.06.2019
Transcribed on : 13.06.2019
Signed by HHJ on : 14.06.2019
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3 Order on Draft NM in Suit no.1359-19
CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER.”
UPLOAD DATE AND TIME : 13.06.2019 at 12.06 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.01
Date of Pronouncement of
JUDGMENT/ORDER
13/06/2019
JUDGMENT/ORDER signed by
P.O. on
14/06/2019
JUDGMENT/ORDER uploaded
on
14/06/2019
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