Interim Order 1

Order Details: Notice of Motion
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IN THE BOMBAY CITY CIVIL COURT AT BOMBAY
DRAFT NOTICE OF MOTION
IN
SUIT NO.1601 OF 2019
Alliance Sajawat Group ... Plaintiff
V/s
1. M/s. Sai Mangal Developers ... Defendant
And
The State of Maharashtra ...Respondent
APPEARANCE:
Advocate Thakordas & Madgavkar for plaintiff.
CORAM : H. H. ADHOC JUDGE
SHRI MILIND A. BHOSALE
(COURT ROOM NO. 32)
DATE : 17th January, 2020
ORDER
Perused draft Notice of Motion and affidavit.
I have heard Ld.Counsel for plaintiff before granting leave to
register Notice of Motion.
It is submitted by the plaintiff that defendant restrained by an
order of injunction against taking coercive action against the plaintiff
except according to due process of law and not to file any FIR or
complaint or any other proceeding against the plaintiff in the subject
matter of issues between the parties except with leave of court and
except without notice to the plaintiff. It is further submitted by the
plaintiff that senior Inspector of Tilak Nagar Police station, Dist Thane
be restrained for entertainment of complaint or FIR against the plaintiff
except with leave the court and after notice to the plaintiff.
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Plaintiff seek relief of injunction by way of Notice of Motion
therefore, it is necessary on the part of plaintiff to prove prima facie
case, balance of convenience, and irreparable loss in the present Notice
of Motion. Plaintiff failed to file any evidence in support of Notice of
Motion. Moreover, plaintiff failed to explain under which legal
provision court has power to issue injunction to restrain police
machinery to take action against him. Perusal of contention in the
Notice of Motion established that the contention in the Notice of Motion
is vague in nature without supporting any documentary evidence.
Under such circumstances, court cannot have any power to issue such
type of order as prayed by plaintiff. Therefore, I find that no prima facie
case is made out by the plaintiff balance of convenience is not in his
favour, there is no case which is disclosed that he has suffered
irreparable loss. Hence, I pass following order.
ORDER
1) Draft Notice of Motion is dismissed with costs.
2) Draft Notice of Motion be sent to the office for statistical purpose.
Date:17/01/2020 (Milind A.Bhosale)
AdHoc Judge
City Civil & Sessions Court,
Gr.Bombay
Dictated on : 17/01/2020
Typed on : 17/01/2020
H.H.J.Signed on : 17/01/2020
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“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL SIGNED
JUDGMENT/ORDER.”
17.01.2020 at 4.35 p.m. (Mrs.P.P.Khanvilkar)
UPLOAD DATE AND TIME NAME OF STENOGRAPHER
Name of the Judge (With Court room no.) SHRI M.A.BHOSALE
(C.R. NO.32)
Date of Pronouncement of JUDGMENT/
ORDER
17.01.2020
JUDGMENT/ORDER signed by P.O. on 17.01.2020
JUDGMENT/ORDER uploaded on 17.01.2020
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