Final Order 2

Order Details: Notice of Motion
Pdf Text: IN THE COURT OF :COURT 5 ADDL SESSIONS JUDGE
Case No. :NOTICE OF MOTION/0101877/2018
Bhaichand Amoluk And Co Vs MCGM And Anr
Date : 06-02-2019
Business : Resumed. Adv. Dubhash for plaintiff, Adv. Purvi Jain with
Adv. Verma for def. no. 2 and Adv. Pradip Patil for MCGM
are present. Adv. Pradip Patil filed reply. Heard, respective
advocates on NM No. 1877/2018. The ld. Adv. For plaintiff
submits that the plaintiff apprehends forcible dispossession
of from the suit premises in furtherance of the show cause
notice dtd. 01.01.2018, issued by the defendant corporation
to the def. no. 2. According to him the suit is part heard and
earlier protection granted may be continued till disposal of
the suit. On the other hand, the ld. Adv. For def. no. 2
submits that the aforesaid notice has been issued in respect
of an issue relating to renewal of lease. The def. no. 2 has
no nexus with the notice structure impugned in the present
suit. The scope of aforesaid show cause notice is between
the defendant corporation and def. no. 2. Lastly he
submitted that the def. no. 2 has complied with the notice
and the matter is pending for renewal of lease. The ld. Adv.
For defendant corporation submits that the plaintiff has no
locus standi to said notice and get any order of stay as he is
a sub tenant. Considering rival submissions, the relationship
inter se the def. no. 1 and def. no. 2 on one hand and def.
no. 2 and plaintiff on the other is prima facie un disputed.
Similarly, the scope of the notice and order impugned in
this suit is also limited to the extent of legality and vires of
the action taken by the defendant corporation. Similarly, the
scope of notice dtd. 01.01.2018, is restricted to the extent of
the renewal of lease of plot no. 84. the plaintiff herein has
no locus standi in that respect. Moreover, the said show
cause notice is beyond the scope of the suit therefore, the
notice of motion no. 1877 of 2018 is dismissed with a
direction that the parties should bear their own costs of the
motion. Adjd for cross examination of PW no. 1 to
07.03.2019.
Nature of Disposal : DISMISSED
Disposal Date : 06-02-2019
COURT 5 ADDL SESSIONS JUDGE
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